BENCH AT DHARWAD
MRUTYUNJAYA S/O IRAPPA HASABI – Appellant
Versus
ENRCON INDIA LTD., – Respondent
Heard learned counsel for both the parties.
This appeal is filed by the claimant challenging
the judgement and award passed in MVC No.663/2012
dated 21.07.2014 on the file of the Principal Civil Judge
and Additional MACT, Dharwad (hereinafter referred to as
‘the Tribunal’ for short), questioning the quantum of
compensation.
3.
Brief facts of the case are as under:
A claim petition came to be filed under Section 166
of the Motor Vehicles Act contending that on the claimant
met with an accident on 15.01.2012, as a result he had
suffered comminuted fracture of femur, tibia and fibula
- 3 -
and he was inpatient for a period of 105 days on three
different occasions and he spent huge money for his
treatment
and
thus
sought
for
awarding
suitable
compensation.
4.
Learned counsel for the claimant vehemently
contends that in support of his claim, he examined doctor
as PW.2 and he assessed the disability at 56% to whole
body and Tribunal taken disability of 19% and failed to
take note that he had suffered compound fracture of
femur, tibia and fibula and also there are mal union of
tibia and fibula. The Tribunal also taken the income on a
lesser side i.e. Rs.6,000/- and accident is of the ye
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