SANTOSH Vs. DINKAR

JUDGEMENT

(1.) The appellant -claimant has filed this appeal challenging the judgment and award dtd. 8/5/2002 passed by the learned Member, Motor Accident Claims Tribunal, Ahmednagar (hereinafter referred to as the 'learned Tribunal') in Motor Accident Claims Application No. 362/1996 on the ground that the learned Tribunal did not properly assess the compensation which needs to be enhanced in this appeal.

(2.) It is apparent from record that on 27/1/1996 at about 03.00 p.m. the appellant was occupant of truck No. MHS 6644 as a cleaner and going from Nagar to Rahuri side. After passing Sina river bridge on Nagar-Manmad road, the driver of the said truck lost control of it due to high speed and therefore, the truck turned turtled and in the accident the appellant -claimant sustained fracture injury. The appellant was admitted to Hospital for about one and half month and had to spend amount of Rs.70,000.00 towards his medical treatment. As such, he had filed the aforesaid claim petition for getting compensation to the tune of Rs.2,00,000.00 from the present respondents, who are the owner and insurer of the offending truck respectively.

(3.) During the pendency of this case, the owner of the offending vehicle -respondent No.1, died and the appeal against him was abated.