SURESH TUKARAM BEDRE Vs. VIREDNRAKUMAR BHIMSING

JUDGEMENT

(1.) The appellant / original claimant impugns the judgment and award dated 07/10/2003, passed by the Motor Accident Claims Tribunal, Ahmednagar [for short the Tribunal], in Motor Accident Claim Petition (MACP) No.931/1997 in this appeal, filed under Section 173 of the Motor Vehicles Act, 1988 [hereinafter referred to as the Act for short].

(2.) The claimant had approached the Tribunal under Section 166 of the Act raising the claim for compensation of Rs.300000/-. The claimant contends that, on 21/05/1997, while he was travelling in jeep bearing registration No. MH16/E-653 from Karmala to Chapadgaon, a truck bearing registration No.DLIG/A-7010 owned by respondent no.1 and insured with respondent no.2 dashed to the jeep. On account of the said accident, the claimant suffered grievous injuries resulting into permanent disablement. According to the claimant, he was hospitalized in Sancheti Hospital at Pune during the period from 22/05/1997 to 28/06/1997. He was treated for multiple fractures and undergone three surgeries of right hand. An iron rod has been inserted to support bones during such surgery.

(3.) The claimant suffered permanent disablement. According to the claimant, he was aged about 38 years and engaged in teaching musical instruments. He had almost 30 students, contributing towards his income to the tune of Rs.3000/- per month. According to the claimant, he lost the working capacity and now depends on others for his daily pursuits. The claim petition was contested by the respondent. i.e. insurer of the truck by filing a written statement [Exhibit-25]. The claimant relied upon his own evidence and evidence of Dr. Pradeep Ingale [Exhibit-45] to prove the permanent disablement. By evidence of Kisan Bhujbal, he seeks to prove his profession as music teacher and loss of earning. The Tribunal, after considering the rival contentions, passed an award of Rs.83,500/- inclusive of NFL amount in favour of the claimant. The claimant aggrieved assessment of compensation approached this Court.