LAWS(KAR)-2015-7-213

DUNDAYYA Vs. LADASA GAIBUSA MAKANDAR AND ORS.

Decided On July 21, 2015
DUNDAYYA Appellant
V/S
Ladasa Gaibusa Makandar And Ors. Respondents

JUDGEMENT

(1.) DISSATISFIED with the quantum of compensation awarded by the tribunal in MVC No. 1641/2008 on the file of the MACT -IV, Bijapur by judgment and award dated 31.01.2012, this appeal is preferred by the claimant.

(2.) ON 03.05.2008 the claimant was travelling in a tum -tum vehicle bearing registration No. KA -28/A -192. At that time, another tum -tum vehicle bearing registration No. KA -28/A -1599 came from opposite direction in a rash and negligent manner and dashed against the tum -tum in which the claimant was travelling. As a result of the accident he sustained severe injuries. He was treated as in -patient on four occasions in different hospitals. He underwent surgeries. Even after the best treatment at Solapur, he suffered disability. Therefore, claming compensation he filed a claim petition under Section 166 of M.V. Act, against the owner and insurer of the tum -tum vehicle bearing registration No. KA -28/A -1599. The claim petition was contested by the respondent -New India Assurance Company Limited, the insurer of the offending vehicle. The claims tribunal on appreciation of the evidence while recording a finding as to the negligence of the driver of the tum -tum vehicle, awarded compensation under the following heads;

(3.) I have heard both the learned counsel appearing for the appellant/claimant and the respondent -insurance company. Perused the records.