RAM KRISHNA Vs. RAGHUNATH FATU MARDOLKAR MAJOR

JUDGEMENT

(1.) The above appeal challenges the Judgment and Award dated 16.7.2005 passed by the learned Presiding Officer of the Motor Accident Claims Tribunal, Margao in Claim Petition No. 129 of 2000.

(2.) The appellant filed the Claim Petition on the ground that on 14.5.1998 he along with others were returning from Collem to Mollem by a hired trax jeep bearing No. GA-01/U-1483 owned by the respondent No. 2 and driven by the respondent No. 1, and on the way at about 11.30 p.m. due to the most rash and negligent driving, the respondent No. 1 lost control of the vehicle which went off the road and violently dashed against a tree due to which all the occupants including the appellant sustained serious injuries. According to the appellant, due to the accident, he sustained compound fracture of the right leg and dislocation to his left hip. The appellant was working for Bank of India, Collem and was drawing a monthly salary of Rs. 6,200. According to the appellant, he was unable to perform his duties and consequently filed the above Claim Petition claiming a sum of Rs. 1,50,000 towards the compensation.

(3.) The respondents after being served filed their written statement. They stated that the accident occurred due to the fault of the respondent No. 1. The respondent Nos. 2 and 3 alleged in their written statement that the accident occurred on account of the respondent No. 1 and they denied the averments in the Claim Petition.