VITHAL JAIDEV NAIK Vs. TEODORIO D SOUZA

JUDGEMENT

(1.) Heard Shri S.S. Kakodkar and Shri M.S. Joshi, the learned Counsel on behalf of the claimant and respondent no.6, respectively.

(2.) The claimant met with an accident on 7/04/1999. The claim petition was filed against two sets of respondents. Respondents nos.4 to 6 were the driver, the owner and the insurer of the scooter on which the claimant was going as a pillion rider. Respondents nos.1,2 & 3 were the driver, the owner and the insurer of the offending truck. The learned MACT has come to the conclusion that the accident had taken place on account of the negligence of respondent no.1 in driving the said truck and there is no dispute about it.

(3.) The dispute is as regards the quantum of compensation payable to the claimant. The learned MACT considered the income of the claimant on notional basis at 1,500/- per month. The learned MACT considered the age of the claimant as 56 years. The claimant had permanent disability of 8%. The learned MACT observed that even if the multiplier of 8 was used, the total compensation payable to the claimant would not exceed 20,000/- and as the claimant was already paid a sum of 25,000/- on the basis of no fault liability under Section 140 of the MV Act, the said compensation of 25,000/- would be just and proper. Nevertheless, the learned MACT awarded costs of the petition to be paid by respondents nos.2 & 3.