MANOHAR MADHUKAR TAMBE Vs. BHAGUBHAI LILADHAR

JUDGEMENT

(1.) Both the appeals [First Appeal No.647 of 1989-Manohar Madhukar Tambe vs. Bhagubhai Liladhar and others and First Appeal No.648 of 1989-Gitaben Vasudev Chugla and others vs. Bhagubhai Liladhar and others] are proposed to be decided by this judgment, since they arise out of the same accident and common award passed by the Motor Accident Claims Tribunal, Valsad at Navsari, in M.A.C.Petition No.345 of 1985 and M.A.C.Petition No.351 of 1985 dated 01.11.1988.

(2.) Shortly stated, accident took place on 05.02.1985 at about 12.30 p.m. near village Adada. Vasudev Chugla (deceased) and pillion rider Manohar Madhukar Tambe going on motor cycle no. GTN 8418 were hit by truck no. GTO 3098 coming from opposite side. As a result of the accident, Vasudev Chugla died and Manohar Madhukar Tambe suffered serious injuries. The truck was driven by Bhagubhai Liladhar (opponent-1) owned by Vinodkumar Durlabhbhai Patel (opponent-2) and insured with The Oriental Insurance Company Limited (opponent-3). Consequently, minor Manohar Madhukar Tambe filed claim petition for Rs.50,000/- and legal heirs of Vasudev Chugla claimed compensation of Rs.4,00,000/-.

(3.) In M.A.C.Petition No.345 of 1985, opponents-1&2 have not filed reply. Reply (exh.19) was filed by opponent-3. It is stated that truck was insured with the opponent-3-Insurance Company for third party risk. Age and injuries of the applicant-Manohar Madhukar Tambe were denied. It is also denied that opponent-1 drove the truck on wrong side and dashed against the motor cycle. It is denied that applicant spent Rs.10,000/- towards medical expenses and suffered loss of Rs.5,000/- in education. Further, it is denied that his leg was shortened, he is not able to squat, run and walk properly. His permanent partial disability was also disputed. It was stated that the claim was highly exaggerated.