SAYIL Vs. BALU BHIMAPPA MAKANNAVAR

JUDGEMENT

(1.) The claimant has filed this appeal for enhancement against the judgment and award dated 28th February 2013 made in MVC No.105 of 2011 on the file of the II Additional District Judge, Belgaum, awarding total compensation of Rs. 3,78,600/- with interest at 6% per annum from the date of petition till the date of realization from respondent Nos.1 and 2 jointly.

(2.) It is the case of the claimant that on 205.2010 when he was proceeding on his bicycle towards Kagawad, on Kagawad-Miraj road near I.B. within the limits of Kagawad at about 12 noon, the driver of the truck bearing registration No.KA-23/9428 drove the same in a rash and negligent manner and dashed against the bicycle of the claimant from the backside. Due to the said accident, the claimant sustained grievous injuries like fracture of pelvis with Symphysis pubic diastasis with urethral rupture and other injuries all over his body and he was shifted to Dr. P.B Magadum Hospital at Miraj. Later on, he was shifted to Wanless Hospital for better and higher treatment. He was an indoor patient in the said hospital from 205.2010 to 31.05.2010. During the said period, he underwent two operations and till today he has not completely recovered. Subsequently, he was admitted to the said hospital on different occasions and later on he was admitted in KLE hospital.

(3.) He further contended that he has incurred expenses of more than Rs. 1 lakh for medical expenses and he still requires a sum of Rs. 1 lakh for future medical treatment. As on the date of the accident, he was aged about 18 years and was doing coolie work and he being a skilled labour, he was getting a sum of Rs. 4,500/- per month. He was owning agriculture land and used to cultivate the same personally and was getting an income of Rs. 60,000/- per annum and he used to maintain himself as well as his parents. Due to the accidental injuries, he is unable to do coolie work as before and he is unable to walk, stand for long time and unable to bend his body. He has spent more than Rs. 30,000/- towards conveyance, attendant charges and nutritious food. Hence, he filed a petition claiming compensation of Rs. 10,00,000/-.