DHONDIBA TUKARAM DONGARE Vs. SHAIKH JAKIRBHAI SHERBHAI

JUDGEMENT

(1.) THESE cross appeals arise out of a common judgement and award dated 11.8.2006 passed by the Motor Accident Claims Tribunal, Mehsana, in MACP No.630/ -2005.

(2.) BRIEF facts are as follows. Dhondiba Tukaram Dongrey was employed as a service engineer in one Dynatec Marketing company, Mumbai. After completion of the company work at Palanpur Banas dairy, at about 8:30 in the evening of 7.3.2005, he visited Doodh Sagar dairy at Mehsana and spent a night there. Next day on 8.3.2005, after finishing the company work, at about 6:00 in the evening, he started of to reach Himmatnagar from Mehsana on a jeep bearing registration no.G.J.2.A.5711. On the way at about 7:15 pm in the evening the jeep, which was being driven rashly and negligently, dashed against a camelcart in front of it. One leg of the passenger Dhondiba got crushed between the seat and the body of the jeep. He was taken to hospital at Mehsana from where after initial treatment he was shifted to Sanjeevni Super Specialist Hospital at Ahmedabad for further treatment. His leg had to be amputated from above the knee. The injured therefore, preferred the above numbered Motor Accident Claims Petition seeking compensation of Rs. 50 lakhs from the driver, owner and insurer of the jeep involved in the accident.

(3.) BEFORE the Claims Tribunal, the claimant gave his evidence in the form of affidavit at exh.30. One Anup Kishore Talwar, the proprietor of Dynatec Marketing company was examined at exh.32, particularly, with respect to the salary of the injured. One Gaurav Narendrakumar Trivedi, an employee of Otto Bock Health Care India Private Limited was examined at exh.41 to establish the supply of an artificial leg to the injured. Pradeep Jesingrav Desai, proprietor of Ganesh Auto Industries, Bombay, was examined at exh.49 in order to establish that the claimant in addition to his permanent service with Dynatec Marketing company, was also rendering his part time service on weekends to the said company. Dr. Mahesh Radheshyam Khandelwal was examined at exh.60 who gave the injury certificate and assessed the disability of the claimant arising out of the injury. In addition to such oral evidence, the claimant also produced his injury certificate issued by Dr. Khandelwal at exh.61 and voluminous documents in the form of bills and payment receipts of the medical treatment of the injured.