AMUL @ MAVOOLI Vs. ABDUL GANI MANNU BAGWAN

JUDGEMENT

(1.) The claimant filed the present appeal for enhancement against the judgment and award dated 12.03.2015 made in MVC No.1837/2013 on the file of the Prl. Senior Civil Judge and Motor Accident Claims Tribunal, Vijayapur awarding compensation of Rs.4,36,400/- with 8% interest from the date of petition till the date of deposit by the respondents.

(2.) The claimant filed the claim petition under Section 166 of the Motor Vehicles Act against the respondents for compensation of Rs.9,50,000/- on account of the fracture sustained by him in the road accident contending that on 21.04.2013 at about 8.00 p.m. the claimant was riding motorcycle bearing No.MH- 13/BD-5122 towards Khed village near Bale Police Chowki at Solapur, at that time, the driver of the truck bearing No.MH-25/U-9182 came in a rash and negligent manner with high speed and dashed against petitioner's motorcycle and caused accident, in which the claimant sustained fracture of right radius and ulna lower third comminuted radius, fracture of rightcondoler femur comminuted, fracture of right tibia and fibula upper third comminuted. Immediately he was shifted to civil hospital, Solapur, he was inpatient for five days. Thereafter, he was shifted to Dr.Chidgupkar hospital, Solapur for higher treatment. He has undergone operation for injuries. He has spent huge amount towards medical expenses. He has taken up follow up treatment and he requires future medical expenses. In view of the accident, he find difficulty to do his day-to-day activities as before the accident. He further contended that he was 21 years old as on the date of accident and he was earning Rs.10,000/- from coolie work. Respondents No.1 and 2 are the owner and insurer of the offending vehicle are liable to pay compensation.

(3.) First respondent not filed objections.