BHASKAR SHANKAR JAGTAP Vs. SURESH SUBHASH GHULE

JUDGEMENT

(1.) The appellant / original claimant impugns the judgment and award dtd. 01/04/2016, passed by the Motor Accident Claims Tribunal, Jalgaon, in Motor Accident Claim Petition [MACP] No.355/2008, thereby seeking enhancement of compensation.

(2.) The appellant / claimant had approached the Tribunal at Jalgaon vide MACP No.355/2008 claiming compensation of Rs.3,00,000.00 towards damage to the truck owned by him in an accident that took place on 02/10/2006. The claimant contends that he owns a truck bearing registration No. MH-19-Z-1392 and it was proceeding towards Mumbai. The driver, namely, Eknath Hansraj was driving the said truck in moderate speed as per traffic rules. However, offending container bearing registration No.MH-06-K-8407 came from Mumbai and dashed on the driver side of the truck. The accident occurred due to sole negligence on the part of the driver of offending container i.e. respondent no.1. Consequently, Crime No.139/2006 was registered at Igatpuri Police Station against him. The claimant contends that surveyor has assessed the damage and consequential loss caused to the truck and given estimate of repairs. As such, he claimed total compensation of Rs.3,00,000.00 from the owner, driver and insurer of offending container.

(3.) The claim petition was contested by the respondents. The claimant relied upon his own evidence and deposition of surveyor Mr. Chimote [PW-2], who has placed on record a survey report at Exhibit-35. He estimated cost of repair to the tune of Rs.1,90,490.50 as per the details mentioned in the survey report. No evidence is recorded on behalf of the respondents. The Tribunal, on evolution of evidence, partly allowed the claim petition and directed the respondents to jointly and severally pay the compensation of Rs.79,000.00 along with interest @ 7.5% per annum to the claimant. The aggrieved claimant approaches this Court in appellate jurisdiction under Sec. 173 of the Motor Vehicles Act, 1988 [hereinafter referred to as 'the Act"] and seeks enhancement of compensation.