SHIVAJI Vs. SHIVAJI

JUDGEMENT

(1.) The claimant has filed present appeal against the judgment and award passed on 30.06.2016 made in MVC.No.1169/2012 on the file of Addl. District Judge and MACT.No.IV, Vijayapur, awarding a total compensation of Rs.81,900/- with 6% interest per annum from the date of petition till realization.

(2.) The claimant at the inception filed claim petition under Section 163-A of M.V.Act, 1988 and subsequently same was converted into the petition under the provisions of Section 166 of M.V.Act 1988, amending the petition.

(3.) It is the case of the claimant that, on 27.10.2011 the claimant was travelling in a Tempo bearing Reg.No.MH-01-H-3128 from Solapur to Irkal at about 08.30 a.m. near Diddi village bridge at South- Solapur Taluka on Solapur-Hyderabad N.H. road. At that time a Jeep bearing Reg.No.MH-12-HL-672 being driven by its driver in a rash and negligent manner came from opposite direction and dashed to the Tempo. As a result claimant sustained grievous injuries in the accident. Immediately, he was shifted to Siddeshwar Multi Specialty Hospital, Solapur, wherein he took treatment as in patient and underwent operation. The jurisdictional police have registered the case in Crime.No.219/2011 against the driver of the Jeep. It is further case of the claimant that he has spent Rs.1,00,000/- for treatment. He was aged about 45 years and earning Rs.40,000/- per month, doing agriculture and coolie work. Because of the accident he suffered permanent disability and unable to work as before. The respondents No.1 and 3 are the owners of the Tempo bearing Reg.No.MH-01-3128 and Jeep bearing Reg.No.MH-12-HL-672 respectively. The respondent No.2 and 4 are the insurer of the said vehicles. The accident occurred due to the involvement of both the Temp and Jeep in question. The claimant in all claimed Rs.9,00,000/- as compensation with interest at the rate 18% per annum.