LAWS(BOM)-2011-7-258

SHANKAR PANDURANG GAIKWAD Vs. TRISTAR CONTAINER AND CARGO

Decided On July 11, 2011
SHANKAR PANDURANG GAIKWAD Appellant
V/S
TRISTAR CONTAINER AND CARGO Respondents

JUDGEMENT

(1.) HEARD the learned counsel appearing for the appellant. None appears for the second respondent which is the contesting respondent.

(2.) APPELLANT is a claimant in a claim petition filed under Section 166 of the Motor Vehicle Act, 1988 (hereinafter referred to as "the said Act"). The accident occurred on 3rd February, 1991. The appellant was working as a watchman and labourer on a site of the road construction work. Appellant was doing some work near a concrete mixing machine. At that time, a truck came in a high speed and gave a dash to concrete mixing machine. As a result of the dash, the concrete machine dashed against a road roller. Due to the said accident, both the legs of the appellant were crushed between the concrete mixing machine and the road roller. His both the legs were amputated. Initially the appellant claimed compensation of Rs.2,50,000/- and the said claim was subsequently enhanced to a sum of Rs.7,94,000/-. The Tribunal has granted compensation of Rs.3,55,000/- with interest at the rate of Rs.12% per annum.

(3.) THERE is no cross examination made on what is stated in the examination-in-chief except for giving a suggestion that he was not possessing documentary evidence to show the expenses. In absence of any documentary evidence the leaned Tribunal has rightly granted a sum of Rs.10,000/- towards expenses on treatment. However, looking to the nature of the injuries and the fact that for a period of 7 months the appellant was hospitalized in Civil Hospital, a sum of Rs. 5,000/- on account of special diet and an amount of Rs.5,000/- on account of conveyance charges will have to be granted.