LAXIMAN VITHOBA GAUNKAR Vs. SUDESH GAUNKAR

JUDGEMENT

(1.) By this appeal, the appellant takes exception to judgment and award dated 6/09/2003 passed by the Motor Accident Claims Tribunal, South Goa, Margao in Claim Petition No. 95 of 2000 dismissing the claim petition under Section 166 of the Motor Vehicles Act 1988 ("The Act" for short).

(2.) The appellant/claimant filed the claim petition against the respondents claiming compensation of Rs. 2.00 lakhs. According to the claimant, on 9/6/1998, he was returning home from Margao. When he reached Gudi Paroda at about 6.20 p.m., Maruti van bearing registration No. GA-02/T-3930 driven by respondent No. 1, owned by respondent No. 2 and insured with respondent No. 3, came in opposite direction and on wrong side of the road and dashed against his motorcycle and knocked him down. The claimant sustained fracture of his left leg and also other injuries. According to the claimant, respondent No. 1 drove the van in a rash and negligent manner resulting in the accident on account of which he suffered injuries.

(3.) The respondents contested the claim petition. According to respondent No. 1, he was not driving the van in rash and negligent manner, but it was the claimant who was driving his motorcycle in a rash and negligent manner. It was the case of respondent No. 1 that the claimant himself was prosecuted for rash and negligent driving under Section 279 of I.P.C. On the basis of the pleadings the following issues were framed: