VAIBHAV Vs. VINOD

JUDGEMENT

(1.) The appellant / original claimant impugns the judgment and award dtd. 22/02/2017, passed by the Motor Accident Claims Tribunal, Kandhar, District Nanded, in Motor Accident Claim Petition [MACP] No.41/2011 by filing present appeal under Sec. 173 of the Motor Vehicles Act, 1988 [hereinafter referred to as 'the Act' for short].

(2.) The appellant / claimant had approached the Tribunal under Sec. 166 of the Act, thereby raising the claim for compensation of Rs.3,00,000.00 towards accidental injuries and permanent disability suffered by him in motor vehicle accident. The claimant contends that on 03/10/2010, the appellant was a pillion rider of motorcycle bearing registration no.MH-26-U-3455 and his friend, namely, Govind Trimbakrao Karhale was riding the motorcycle. At that time, a jeep bearing registration no.31-CV-4469 took sharp turn after overtaking the motorcycle and applied sudden brakes. Resultantly, the motorcycle collided on the jeep at its rear side. The appellant suffered grievous injury on his right knee. He was treated as inpatient from 03/10/2010 to 13/10/2010. The accident was reported to the Police Station and the offence was registered against the jeep driver. After due investigation, a charge-sheet is filed against the jeep driver.

(3.) The claimant further contends that he was practicing Advocate at the time of accident. Because of the injuries suffered in the said accident, he has become permanently disabled. The Medical College and Hospital, Nanded assesed permanent disablement and issued a certificate that the appellant has suffered 20% permanent disablement. As such, he claimed the compensation of Rs.3,00,000.00 from the owner and insurer of the jeep. The Tribunal framed the issues, recorded the evidence and after hearing the parties, pleased to dismiss the claim petition holding that the appellant failed to prove the negligence of jeep driver.