VASANT RAGHUNATHJI TEMBHARE Vs. JUGALKISHOR RAMLAL PANIA

JUDGEMENT

(1.) HEARD Mr. Malvi, learned Counsel, for the appellant, Mr. Bhoyar, Advocate for respondent No. 1 and Mr. Khanzode, learned Counsel for the respondent No. 2.

(2.) THE appellant/original claimant being aggrieved by the award dated 9.1.1992 passed by the Motor Accident Claims Tribunal, Amravati, in Claim Petition No. 19 of 1989, has filed this appeal on the ground that the compensation granted is grossly inadequate and neither just nor reasonable.

(3.) THE respondent combated the claim by filing written statements. The Tribunal framed the issues on the aforesaid pleadings. The claimant had examined himself only whereas no oral evidence was adduced on behalf of the respondents. The Tribunal on considering the oral as well as documentary evidence adduced by the claimant had come to the conclusion that the accident occurred due to rash and negligent driving of the auto rickshaw No. MTV 7967 involved in the accident and that the claimant had sustained injuries in the said accident. The Tribunal on appreciation of evidence, awarded the compensation of Rs. 64,885/- to the claimant together with proportionate costs and interest at the rate of 12% per annum from the date of the petition till realisation making both the respondents jointly and severally liable to pay the same. This award is under challenge in this appeal.