(1.) Though the appeal is listed for orders, with the consent of learned counsel for both the parties, the matter is taken up for final disposal.
(2.) This appeal is directed against the judgment and award dated 30.07.2011 passed in MVC No.39/2009 by the Senior Civil Judge and JMFC and Additional MACT, Bhalki by which compensation of Rs.40, 585/- has been awarded.
(3.) It is the case of the claimant before the Tribunal that on 27.12.2008 at about 7.00 p.m. on Bidar-Humnabad road near Kanaji cross, the driver of the lorry bearing Reg. No.KA 32/4007 belonging to one Mohd. Razak Sab, respondent No.1, insured with respondent No.2 was stationed on the side of the road facing towards Humnabad without putting stones around the lorry or putting backside indicator light to give signal to others, at that time, one Kirtykumar riding the motorbike bearing Reg.No.KA 38/E 7573 driven it rashly and negligently from Bidar towards Humnabad and dashed on the right rear side of the above said stationed lorry. As a result of which the rider Kirtykumar and pillion rider namely the present appellant fell down on the road and sustained fracture injuries on his right hand. The rider Kirtykumar died due to injuries on the way to hospital. The pillion rider, the present claimant was taken to Government Hospital, Bidar. He was treated for fracture injuries occurred on his right hand. He underwent surgery in private hospital for reunion of his fracture and spent huge amount for his medical expenses, in spite of costly treatment the fracture is not properly united. There is a permanent disability in his hand. He was earning Rs.10,000/- per month from his tailoring work and now he is unable to do his tailoring work. Therefore, he is also seeking compensation towards loss of future earning, on this ground he claimed compensation of Rs.10,40,000/- against respondent Nos.1 and 2.