SATISH SHANKAR MANGASULE Vs. DINKAR APPASAHEB MAGADUM

JUDGEMENT

(1.) The claimant is the appellant. He is aggrieved by the judgment and award dtd. 23/9/2009 in MVC No. 2548/2009 passed by the Presiding Officer, Fast Track Court, Athani (for short "the Tribunal") by which the claim petition was dismissed.

(2.) Brief facts are to the effect that on 20/4/2007 while claimant and his friend Suresh Kumbar were proceeding towards the land of the claimant by walk on Athani-Kagawad road at about 9.00 a.m., the offending motorcycle bearing registration No.MH-10/AD-1058 with its rider driving it in a high speed and rash and negligent manner dashed against the claimant resulting in fracture of his right wrist. His claim petition was contested by both the respondents before the learned Tribunal by filing their separate written statements.

(3.) During trial, claimant examined himself as PW1 and he examined a Medical Expert as PW2. Exs.P1 to P8 were marked. Respondents did not examine any witnesses but Exs.R1 to R3 were marked. After hearing the learned counsel on both sides and perusing the records, learned Tribunal rejected the claim petition disbelieving the case of the claimant.