TATYASAB PARASHURAM KAMBLE Vs. IMTIAYAZ ISMAIL HIPPARAGI

JUDGEMENT

(1.) These two appeals are preferred by the Insurance Company and the claimant on the issue of liability, quantum and enhancement respectively.

(2.) On 12.01.2008 at about 17.15 hours the claimant who was waiting for the bus in Ambedkar circle, Athani, who had intention to go to Miraj, at that relevant point of time, one Tata Sumo bearing no. MH-08/C-155 was stopped near Ambedkar Circle where the claimant has boarded in the said vehicle. Some of the passengers were already boarded the said vehicle. At about 5.15 p.m. the accident took place wherein the claimant suffered injuries on his neck, spinal cord and also sustained fracture to his left leg right foot and other simple injuries over the entire body for which he has taken treatment with Dr.Koustabh Lokur Hospital, Shedbal during the period from 12.01.2008 to 23.01.2008 as an inpatient, he was also operated and steel rods were implanted in the right side of the tibia and right side below knee. It seems, he had spent Rs.80,000.00 towards medical expenses.

(3.) Arising out of this accident the claim petition was filed u/S 163-A of the M.V. Act for grant of compensation. The MACT proceeded to pass award in a sum of Rs.2,22,212.00 while ordering the owner and the Insurance Company jointly and severally liable to pay the compensation.