ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE C M JOSHI)

Heard the learned counsel for the appellant and the learned counsel for the respondent No.1.

02. Being aggrieved by the judgment and award in MVC.No.157/2016 by the learned Senior Civil Judge and JMFC and MACT, Aurad-B, the insurance company is before this Court in appeal.

03. The factual matrix of the case are that on 27.11.2015 at 11:30 p.m. the driver of the Bolero Jeep bearing Reg.No.KA-38-M-2752 drove the said vehicle in high speed and negligent manner and lost control over the said vehicle and made it to fall into a ditch by the side of the road. The petitioner who was an inmate of Jeep, had suffered grievous injuries like fracture of femur, radius and ulna. He was shifted to Government Hospital, Aurad. Thereafter, to higher facilities at Bidar, then again he was sent to Hyderabad for further treatment at Max Cure, Hospital. The police registered a case in crime No.234/2015 and investigation was conducted. The petitioner contended that he was an agriculturist having landed properties and had a monthly income of Rs.25,000/-; due to the accidental injuries, he is unable to perform as before. Therefore, there is a functional disabi