DIVISIONAL CONTROLLER Vs. SUGRAM SON OF SAKHARAM CHAWERE

JUDGEMENT

(1.) This appeal is directed against judgment and award dated 4th August 1998 passed by the Member, Motor Accident Claims Tribunal, Yavatmal in MAC No. 44 of 1999 whereby claim of respondent no.1 (claimant) has been partly allowed against present appellant and respondent no.2. Parties shall hereinafter be addressed as per their original status in claim petition. The Tribunal has directed non-applicants no. 1 and 2 in the claim petition to pay jointly and severally a sum of Rs. 75,000/- (inclusive of the claim of no fault liability) to the petitioner towards compensation together with interest at the rate of 12% per annum from the date of petition till realisation.

(2.) Petitioner is a vegetable vendor. At the relevant time, he used to sell vegetables on cart. On 12.11.1992 while the petitioner was returning home at about 04.30 pm, near Pusad Naka, ST bus driven by non-applicant no.2 Dalpat came from Umarkhed side in a high speed and gave dash to the hand-cart of petitioner. Petitioner fell down and became unconscious. He was operated for blunt abdomen injury. It was claimed that petitioner was earning Rs. 1500/- per month, but due to abdomen injury he was not able to earn that much of amount to maintain himself and his family which was solely dependent on him.

(3.) Non-applicants filed joint Written Statement. It was claimed that the bus was following a truck and when the side was given by the truck, bus over-took the said truck. While the bus was being overtaken, petitioner came from opposite direction in a speed; driver tried to take the bus to extreme left side, applied the brakes also but out of confusion, hand-cart turtled and applicant received injury. Non-applicants denied the claim of petitioner that driver was negligent and drove the bus with high speed. They prayed for dismissal of claim.