LAWS(BOM)-2023-6-103

DADA PRAKASH SHINDE Vs. BALWAN SINGH

Decided On June 30, 2023
Dada Prakash Shinde Appellant
V/S
BALWAN SINGH Respondents

JUDGEMENT

(1.) The aggrieved claimant in M.A.C.P. No. 348 of 1997 before M.A.C.T. Ahmednagar impugns the judgment and award dated 25.11.2003, in this appeal filed under Section 173 of the Motor Vehicles Act, 1988.

(2.) The contention of the appellant (original claimant) is that, on 09.06.1996, the he was crossing Solapur-Nagar road. At that time, a truck bearing No. DL-1G/B-1166 gave dash to him causing multiple injuries. He was hospitalized for the period of 75 days; however, part of his foot and left hand from shoulder was required to be amputed. Resultantly he suffered permanent disablement. At the time of accident, he was prosecuting education in primary school i.e. 2nd std. Now, he would lead challenging life. The future prospects and life expectancy have been adversely affected. Hence the claimant had lodged a claim for compensation of Rs. 5.00 lakhs under Section 166 of the Motor Vehicles Act against the respondent nos. 1 to 3 i.e. owner, driver and insurer.

(3.) The Tribunal on consideration of the evidence on record allowed claim for compensation of Rs. 3,05,000/- vide its judgment and award dated 25.11.2003. The claimant felt aggrieved by the assessment / computation of the compensation amount being grossly inadequate, hence this appeal.