CHHABU GENU BERAD Vs. TRANSWAY CARGO LIFTERS PVT LTD
LAWS(BOM)-2017-12-253
HIGH COURT OF BOMBAY
Decided on December 20,2017

Chhabu Genu Berad Appellant
VERSUS
Transway Cargo Lifters Pvt Ltd Respondents

JUDGEMENT

K.K. Sonawane, J. - (1.) The appellant Chhabu Berad preferred the present appeal by resorting to the remedy under section 173 of the Motor Vehicles Act, 1988 (for short Act of 1988) and agitated the quantum of compensation amount, determined by the MACT, Ahmednagar in the proceeding of MACP No. 396 of 2006, vide judgment and order dated 9.4.2010. The appellant is seeking enhancement of compensation awarded by the MACT for his permanent physical disability caused during the vehicular accident in this case.
(2.) It has been alleged that on 26.3.2006, the appellant/original claimant was returning to his village Darewadi from Ahmednagar on his motor-bike. During the relevant period, the vehicle truck bearing Registration No.HR-38/J-5335, came speedily from the opposite direction from Ahmednagar-Solapur Road and while overtaking another vehicle, gave dash to the motor-bike of the appellant/claimant. The appellant claimant sprawled on the ground, and sustained serious injuries to his right leg, knee joint, right thigh and hip joint. He was immediately escorted to the hospital at Tarakpur, Ahmednagar. He was hospitalized for considerable period. The surgeries were performed on the appellant/claimant for his injuries. He incurred huge medical expenditure to the tune of Rs. 3 Lakhs. According to appellant/claimant, the alleged vehicular accident was caused only due to rash and negligent driving on the part of the driver of offending vehicle. The respondent No.1 was the owner and respondent No.2 was the insurer of vehicle truck involved in the accident. The applicant was doing messon work for eking livelihood. He was earning Rs. 250/- per day but due to the physical infirmity there was a pecuniary loss to the claimant.
(3.) After alleged accident, information was passed on to the concerned police of Bhingar Camp Police station, Ahmednagar. Police immediately arrived on the spot and drawn panchanama of scene of occurrence. Police registered the offence against driver of the truck. According to claimant, in the vehicular accident, he sustained physical disability due to which there was financial loss to him. Therefore, he moved an application under Section 166 of the Act of 1988 and claimed compensation of Rs. 4 Lakhs for the alleged physical disability caused due to accident involving the vehicle of respondent No.1.;


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