PANDAPPA Vs. RAMESH

JUDGEMENT

(1.) The claimant being dissatisfied with the judgment and award dated 7.5.2015, passed in MVC No.622/2013, by the Addl. Senior Civil Judge and Addl . MACT, Ranebennur, has filed this appeal .

(2.) It is the case of the appellant/claimant before the Tribunal that on 10.5.2013, at about 7.30 hour, he was traveling in TATA Magic vehicle bearing registration No.KA-27/A-5796 from Kumarapattanam Check Post towards Yannihosalli village as an authorized passenger, at that time near brick industry of MRB Manjappa, the driver of the said vehicle lost control and dashed to the lorry bearing registration No.MH-06/AQ-1464. Due to the said accident, the claimant sustained grievous injuries all over his body. He was shi fted to Government Hospital, Harihar, where he took first aid treatment. He was shifted to Apoorva hospital , Davangere, where he has taken treatment as inpatient. He took treatment for about 2 months and spent Rs. 1,00,000.00 towards medical expenses. Still he requires another sum of Rs. 50,000.00 for follow up treatment. The claimant submits that he was hale and healthy before the accident and now he is unable to carryout day to day activities. He is the only bread earner in the family. Therefore he claimed compensation of Rs. 11,20,000.00 against the owner and insurer of the of fending vehicle.

(3.) In pursuance of the notice, respondents No.1 and 2 appeared before the Tribunal and respondent No.1 filed objection to the claim petition denying the age, avocation, earning and accidentalinjuries and treatment taken by the claimant and also denied the manner of accident as contended by the claimant. Further, this respondent states that he is the owner of the of fending vehicle and it is insured with respondent No.2, who is liable to pay compensation to the claimant.