M. K. RAGHUNATH SHETTY Vs. BALAKRISHNA RAI

JUDGEMENT

(1.) This appeal is preferred against the judgment and award dated 05.09.2011 rendered by the Senior Civil Judge and AMACT, Karkala in MVC No.268/2006 seeking enhancement of compensation.

(2.) The factual matrix of the appeal is as under: It is stated in the claim petition that on 30.04.2001 while the petitioner was traveling in the bus bearing Reg.No.KA-19-A-369 from Mangalore towards Belvai near Mijar Garodi of Tenkamijar Village, the driver of the Tempo bearing Reg.No.KA-19-A-1628 came from opposite side in a rash and negligent manner and due to rash and negligent manner of driving of drivers of both the vehicles, they dashed against each other, as a result of the accident, the petitioner sustained injuries and he was shifted to Vijaya Hospital, Mangalore and he took treatment as inpatient for 7 days and has undergone medical surgery and he has spent huge amount towards medical expenses. At the time of accident, he was working as agriculturist and building contractor and was earning Rs.15,000/- p.m. On account of injuries, he has been permanently disabled and not in a position to do the same work in future. On all these grounds he filed the claim petition before the MACT seeking compensation.

(3.) After service of notice, first respondent remained absent and was placed exparte. Third respondent though appeared did not choose to file written statement. Second and fourth respondent entered appearance and filed separate written statements denying the petition averments and sought for dismissal of the petition.