SHIRKANT Vs. SURYAKANT UTTAM GAUDE AND ORS.

JUDGEMENT

(1.) Heard Mr. V.G.P. Dukle, learned Advocate for the Appellant and Mr. Amey Kakodkar, learned Advocate for the Respondents.

(2.) The present appeal is filed being aggrieved by the judgment and award dated 3rd and 4th April,2008 passed by the Motor Accident Claims Tribunal, Margao, in Claim Petition No.43 of 2006.

(3.) The case of the claimants before Claims Tribunal was as under: The applicant was working as helper on wheel loader, on 29/10/2005 after his duty was over, he was waiting for vehicle. It was at about 10.30p.m. A Tata tipper truck bearing No.GA-01-U-7975 came and stopped there. When the applicant was talking with driver of the Tata tipper truck i.e. with the respondent no.1 by standing on footrest and in a rash and negligent manner put the Tata tipper in motion, as a result, the applicant was thrown on road. He sustained fracture to hip bone, fracture to pelvis, fracture to R Medral Malleous and bladder and injuries over other parts of his body resulting into permanent disablement. He was taken in Goa Medical College Hospital, Bambolim. He was admitted in this hospital till 16-11-2005. He was of 25 years of age. Because of this injuries it is not possible for him to work as a helper on wheel loader or to do any other hard work. He is physically handicapped. He is unemployed. He spent Rs. 30,000/- for medicines. The accident occurred due to rash and negligent driving of the tata tipper truck by respondent no.1. He claimed Rs. 3,00,000/- as compensation on account of injuries sustained by him in the said motor vehicle accident.