NAGNATH SAKHAHARI SHETE Vs. KESHAV TRIMBAK AGHAV

JUDGEMENT

(1.) This is an appeal under Section 173 of the Motor Vehicles Act, by the original claimant questioning the assessment of compensation done by the Motor Accident Claims Tribunal, Ambejogai, in his Motor Accident Claim Petition No. 285/2000, by the judgment and award dated 10.10.2006.

(2.) Shortly stated the facts leading to the filing of this appeal are to the effect that the appellant was travelling in a jeep on 06.05.1998. A tractor bearing No. MH 23 B 2296 with a trolley came from the opposite direction in a rash and negligent manner and the trolley gave dash to the jeep. As a result the appellant sustained grievous injuries in the form of fracture ulna and leg and subsequently, the leg had to be amputated above knee and the doctor certified the permanent disability to be 80%.

(3.) The petitioner filed petition and claimed a total compensation of Rs. 4,00,000/- (Rupees Four Lac) under various heads. Respondent No.1 herein is the owner of the tractor but did not contest the petition. Respondent No. 2 herein is the Insurance Company with which the tractor was insured at the time of accident. It contested the petition by filing its written statement. The tribunal conducted the hearing by extending opportunities to both the sides and by impugned judgment and award granted compensation of Rs. 3,00,000/- and in addition awarded interest at the rate of 7.5% per anum from the date of the petition.