S.N.GHARPURE Vs. SAYBU

JUDGEMENT

(1.) This is an appeal under sec. 173 of the Motor Vehicles Act, 1988 by the appellant.

(2.) Injured respondent No.1-Saybu @ Sahebrao, preferred Motor Accident Claim Petition No.26 of 2001 under the provisions of sec. 166 of the Motor Vehicles Act alleging that on 13, November, 1998 in an accident of motor vehicle bearing registration No.MH-14/6417 was driven by respondent No.2 and owned by the present appellant, he suffered serious injury resulting in disability. The said truck loaded with iron pipes was parked on a slope. The said iron pipes slipped from the said truck towards the side of slope, resulting into the plank of the truck having got broken down as a result pipes slipped and fell on the body of the claimant/respondent No.1, resulting into the claimant suffering serious injuries. The claimant/respondent No.1 was admitted in a hospital at Karanja and subsequent thereto the hospital at Sevagram as he suffered permanent disability because of serious injuries.

(3.) The claim petition was preferred, which was resisted by the appellant by filing written statement at Exhibit-25. The appellant (respondent No.1 before the Tribunal) has not disputed the accident and also registration of offence under Sec. 279, 337 and 338 of the Indian Penal Code vide Crime No.167 of 1999. The issues in view of contest were framed at Exhibit-44.