SANTOSH Vs. MOHAMMED RAFEEQ BAGWAN

JUDGEMENT

(1.) Not being satisfied with quantum of compensation granted by the Tribunal, the appellant, who is the petitioner has come up with this appeal under Sec. 173(1) of the Motor Vehicles Act (hereinafter referred to as 'the Act' for short).

(2.) For the sake of convenience, the parties are referred to by their rank before the Tribunal.

(3.) It is the case of the petitioner that on 3/2/2011, the petitioner along with respondent No.3 Dhanraj was proceeding on Hero Honda motorcycle bearing registration No.KA-01/Y-8946 (hereinafter referred to as 'Hero Honda Motorcycle') from Bawagi to Kamthana. The petitioner was the pillion rider. At about 9-45 p.m., when they were near Sikindrapur cross, rider of TVS XL Super Motorcycle bearing registration No.KA-01/Q-3563 (hereinafter referred to as 'the offending vehicle'), being driven by its rider in a rash or negligent manner, came from the opposite side and dashed against the Hero Honda motorcycle. In the said accident, the petitioner sustained severe injuries. Inspite of prolonged treatment, he is not completely cured. The concerned police have registered criminal case against riders of the both vehicles.