SURESH ALIAS SUDESH FOLL DESSAI Vs. SURESH

JUDGEMENT

(1.) By this appeal the Appellant/claimant takes exception to the judgment order dated 21st October, 2002 dismissing the Claim Petition No. 402/1995 filed by the claimant Under Section 166 of the Motor Vehicles Act, 1988 ('the Act' for short.)

(2.) The claimant filed above referred Claim Petition claiming compensation of Rs. 1,50,000/- on account of injuries suffered by him in an accident, which took place on 27th September, 1995 at about 7.30 a.m. when he was proceeding by Motorcycle bearing No. GA-02-T-240 to Balli from Quital and the Pickup driven by the Respondent No. 1 owned by the Respondent No. 2 and insured with the Respondent No. 3 coming in opposite direction dashed against the vehicle driven by the claimant causing injuries to him. The Claim Petition was contested by the Respondents. The Tribunal framed the following issues:

(3.) Before the Tribunal, the claimant examined five witnesses. The Respondents examined 2 witnesses. The Tribunal upon appreciation of the evidence represented by the parties held that the claimant had not proved that the accident had taken place on account of rash and negligent driving of the vehicle by the Respondent No. 1. The Tribunal held that the claimant had proved that he had suffered injuries. The Tribunal assessed the compensation at Rs. 66,500/-. Aggrieved by the judgment and order, the claimant has filed the present appeal.