RAMAPPA DUNDAPPA PUJARI Vs. SURESH ARJUNAPPA BIRADAR PATIL

JUDGEMENT

(1.) The insurer and the claimant being aggrieved by the judgment and award dated 09.09.2008 passed in MVC No.899/2003 by the Civil Judge (Sr.Dvn.) and the Additional MACT, Ramadurga have filed these appeals.

(2.) The case of the claimant before the Tribunal is that on 22.03.2003 at about 1.00 p.m. near Gavimath Cross on Lokapur-Bannur road, petitioner was proceeding on motorcycle bearing Registration No.KA- 29/K0-721 as pillion rider. Respondent No.1 was driving the motorcycle in high speed and in a rash and negligent manner, resulting in the accident, due to which the petitioner fell down and sustained grievous injuries. He was shifted to Dr. Udaya Naik Hospital, where he was treated for 3 days as inpatient and thereafter he was shifted to KLE Hospital, Belgaum for better treatment and was inpatient for 2 days. He has undergone surgery. Prior to the accident, he was hale and healthy and was doing agricultural work and earning Rs.5,000/- p.m. On account of injuries, he is not in a position to do the work and therefore he sought for compensation of Rs.4,00,000/- against the driver, owner and insurer of the offending vehicle.

(3.) In pursuance of notice, respondents appeared before the Tribunal and have filed objections denying the allegation made in the claim petition.