RAMCHAND Vs. GHANSHYAM

JUDGEMENT

(1.) This is an appeal filed by the appellant/original petitioner against the judgment and award passed by the Member, Motor Accident Claim Tribunal-2, Nagpur in Motor Accident Claim Petition No. 54 of 2008, partly decreeing the claim petition.

(2.) The brief facts are as under:

(3.) At about 4:30 am, while the appellant was returning to Nagpur on National Highway No. 6, which was a narrow road of around 30 Ft. without any divider, a truck which was coming from opposite direction tried to overtake another vehicle which was in front of it, resulting into encroachment on other lane of the road where appellant was driving his vehicle towards Nagpur. Due to rash and negligent driving of the Truck, the appellant was required to immediately apply breaks and tilt his vehicle towards left. Since the main road had kaccha road of around 5 ft. on both the sides this resulted into loss of control of the vehicle and resultantly the appellant 's vehicle dashed against a Babul Tree. Had the petitioner not tilted his vehicle towards left, the same would have resulted into a dash with the truck which would have caused more devastating consequences.