JAYAWANT YESHWANT WALAWALKAR Vs. V P SHANMUGAM

JUDGEMENT

(1.) THE appellant had filed an application under section 166 of the Motor Vehicles Act, 1988 and claimed a total compensation of Rs. 15,00,000/- (Rs. Fifteen lacs only) on account of injuries suffered by him in a motor accident which took place on 17-2-1992. The learned member of the Motor Accidents Claims Tribunal, Raigad at Alibag by his order dated 11-6-1996 dismissed the appellants claim. Hence this appeal.

(2.) AT the relevant time the appellant was working as a security officer in private company at Patalganga Dist. Raigad. On the day of occurrence i. e. on 17-2-1992 at about 12. 30 a. m. he along with two officers of the factory was proceeding towards factory at Patalganga in a jeep bearing No. RLL 5525. The appellant was himself driving the jeep. When the jeep came on the bridge of Kalundra river, a truck bearing No. MYD 9502 belonging to respondent No. 1 and insured with respondent No. 2 was seen coming from the opposite side with front lights switched on fully. According to the appellant the said truck was being driven in a high speed and in a rash and negligent manner. The result was that the truck gave a dash to the jeep driven by the appellant, causing serious injuries to him as well as to other two inmates, namely Chandrakant Shankar Jadhav and Bhagwan Malkar.

(3.) AFTER the accident, the appellant was taken to Panvel hospital and from there he was transferred to Sion hospital, Mumbai. Thereafter, he was admitted in Hinduja Hospital, Mumbai where he was an indoor patient for 30 days. Due to the accident the appellant sustained fracture of his neck femur (R) with fracture shaft (R) femur. His right arm was therefore, required to be amputated. The appellant thus sustained permanent partial disability, amounting to 80%. The appellant, therefore, filed Accident Claim Case No. 236/1992, claiming Rs. 15 lakhs towards compensation.