NEW INDIA ASSURANCE COMPANY LTD Vs. MANIK HULAJI

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the judgment and order passed by Motor Accidents Claims Tribunal, Mumbai. This appeal is preferred by Insurance Company/original respondent no.2 .

(2.) Brief facts of the case are as under. On 1/2/1994, respondent no. 1- original claimant (for short 'the Claimant') was proceedings from Gowandi station to Baiganwadi (Shivaji Nagar), in an Auto Rickshaw No. MH 03 E 1265. The Auto Rickshaw was being driven in a rash and negligent manner. The driver of Auto Rickshaw had overtaken another vehicle and thus lost control over his Auto Rickshaw and dashed against the Auto Rickshaw coming from opposite direction. As a result of the forceful dash, the claimant got injured and fell on the road. He was admitted in the hospital for treatment. He suffered multiple grievous injuries. The FIR was registered against the driver of Auto Rickshaw.

(3.) The claim petition was filed by the claimant for getting compensation before the Motor Accident Claims Tribunal, Mumbai (for short 'the Tribunal'). The Tribunal has awarded compensation against the said judgment and order this appeal.