VINOD SHRIKRISHNA RAO TAMBE Vs. SHIWAJI BABURAO PAWAR

JUDGEMENT

(1.) HRI. M. S. Deshmukh, learned Advocate, appears for the petitioner and Shri V. N. Upadhye, learned Advocate, appears for respondent No. 2. Respondent No. l though served is absent.

(2.) THE petitioner -original claimant, on 13. 8. 1999, at about 0500 hrs. , was travelling by Jeep bearing No. MH-06/c-3765 from Paithan to chitegaon. The said jeep was driven in rash and negligent manner by the driver. At the relevant time, one unknown truck came from opposite direction and, dashed against the jeep. In the said collision of vehicles and accident the petitioner as well as other passengers of the jeep did sustain grievous injuries. The petitioner was required to be admitted in the hospital and, was required to spend huge amount on his treatment. He did suffer 18 per cent disability. Therefore, in lower Court, he did file claim under Section 166 of the Motor Vehicles Act, 1988, and also moved application under Section 140 of the Act (Exh. 5) and, prayed for grant of rs. 25,000/- as amount of compensation, towards no fault liability.

(3.) THE learned Member of the M. A. C. T. Aurangabad, partly allowed the application (Exh. 5) and, awarded a sum of Rs. 12,500/- towards no fault liability. Being aggrieved by the said order, the petitioner-claimant did file this petition mainly on the grounds that, firstly, the learned Member was wrong in reducing the amount of no fault liability from Rs. 25,000/-to Rs. 12,500/- and, secondly, the said order impugned in this petition was passed ignoring the mandatory provisions of Section 140 of the Act of 1988. Learned Counsel for the petitioner Shri M. S. Deshmukh taken us through the relevant provisions of Section 140 of the Act of 1988. Section 140 is reproduced as under :