MASTER SWAPNIL SATISH CHAUDHARI Vs. KUSUMBAI D. JADHAV

JUDGEMENT

(1.) The appellant / original claimant aggrieved by the assessment of compensation under the award dtd. 18/01/2010, passed by the Motor Accident Claims Tribunal at Sangamner, District Ahmednagar [for short 'the Tribunal'] in Motor Accident Claim Petition [MACP] No.31/2003, approaches this Court under Sec. 173 of the Motor Vehicles Act, 1988 [hereinafter referred to as 'the Act' for short] seeking enhancement of compensation.

(2.) The appellant / original claimant suffered injuries in an accident dtd. 27/02/2003 while he was proceeding on the motorcycle with his father. The motorcycle was dashed by a crane bearing Registration No. MH-15-R-5337. As a result of the accident, the claimant was seriously injured. During the medical treatment, his left wrist was amputated and the right thumb was also crushed. The claimant suffered 70% permanent disablement. At the time of accident, the claimant was aged about 4 years and suffered permanent disablement that is quantified to 70%.

(3.) The claimant approached the Tribunal vide MACP No.31/2003 under Sec. 166 of the Act through his father to raise the claim of Rs.10,00,000.00 [Rupees Ten Lakhs] from the owner and insurer of the offending vehicle. The Tribunal accepted the fact that the claimant has suffered 70% permanent disablement. However, recorded finding of contributory negligence against his father / motor cycle driver to the extent of 20% and passed an award of Rs.3,38,000.00 along with interest @ 9% per annum from the date of filing the claim petition. Therefore, the aggrieved claimant seeks enhancement of compensation in this appeal.