- (1.) The appellant-claimant has preferred this appeal aggrieved by the impugned judgment and award dated 31/3/2012 passed in MVC No.351/2011 on the file of the learned Senior Civil Judge and Additional Motor Accident Claims Tribunal, Bailhongal (for short referred to as "the Tribunal"), whereunder the claim petition filed by the claimant was allowed in part directing respondent No.1-insured to pay the compensation of Rs.73,250/- with interest @ 6% p.a.
(2.) Heard the learned counsel for the appellant Sri.Hanmant R.Latur and Sri. M.G.Gadgoli, learned counsel for respondent No.2-Insurance Company. Respondent No.1-insured remained absent inspite of service of notice.
(3.) Brief facts of the case before the tribunal is as follows: It is the contention of the claimant before the Tribunal that he was traveling in the goods vehicle bearing registration No.KA-23/4508 belonging to respondent No.1-insured, along with his ox, which met with an accident on 28/4/2010 due to the rash and negligent driving of the goods vehicle by its driver. As a result of the accident, the claimant sustained grievous injuries and taken treatment at Government Hospital Saundatti. Thereafter, at Civil Hospital, Belgaum, and again got treated by Dr.C.D.Kulkarni at Bailhongal. He had taken treatment as indoor patient for eight days, as he had sustained fracture of left superior Pubic Rami. He suffered permanent disability and lost his earning capacity. It is stated that the claimant was doing agricultural work and claimed compensation from the respondents. ;