VISHNU NARAYAN SHINGATE Vs. KUMAR SHAM SHANKAR PARIT

JUDGEMENT

(1.) THIS Appeal arises out of the claim petition filed by the respondent No. 1 under Section 110-A of the Motor Vehicles Act, 1939 for the injuries suffered by him claiming compensation of Rs. 50,000/-.

(2.) THE respondent No. 1 was studying in the school in 2nd Standard and on the date of the accident i.e. 26th June, 1982, he was 10 years of age. It is alleged by respondent No. l that the appellant was driving motor-cycle bearing No. MXC 604 in a rash and negligent manner and dashed against him. The said motor-cycle was owned by the appellant. Inspite of giving dash, the appellant did not stop. He was later on stopped by some other persons and the respondent No. 1, who had suffered serious injuries, was taken to the Civil Hospital. The respondent No. 1 suffered fracture to his right tibia and fibula. An operation was performed upon him. He was required to be an indoor patient for 1-1/2 months. Even though the final plaster was removed, the leg was not cured. He suffered from permanent disability and the certificates to that effect were issued by the Resident Medical Officer of the General Hospital which are on record at Exhibits 47 and 49. This gave rise to the application.

(3.) THE learned Member of the Motor Accidents Claims Tribunal, Sangli, closely scrutinized the evidence on record and came to the conclusion that the appellant was rash and negligent in driving the motor cycle MXC 604 and had caused the accident. He further held that respondent No. 1 was entitled to get compensation of Rs. 10,000/- only. The other contention raised on behalf of the appellant that he was not the owner of the vehicle on the date of the accident came to be negatived.