SACHIN Vs. PRASHANT BABARAO NAGPURE

JUDGEMENT

(1.) This appeal is directed against the judgment and award passed on 26-11-2012 passed by the Motor Accident Claims Tribunal, Amravati in M.A.C.P. No. 99/2007. Facts leading to filing of this appeal may be stated briefly as under.

(2.) In the year 2006, the appellant was working as a Manager in Hotel Rimzim at Warud. On 28-11-2006, the appellant was returning home on his bicycle when one Maruti Van bearing registration no. MH-27-H-2131, being driven at very high speed, gave a dash to bicycle of the appellant. The appellant sustained grievous injuries and was admitted initially to Rural Hospital, Warud, then to Hope Hospital at Nagpur and finally to Medical College and Hospital, Nagpur. He was required to take long drawn treatment for the injuries suffered by him in the accident. According to him, accident occurred due to rash and negligent driving of said vehicle by its driver, the respondent no. 1. The vehicle was owned by respondent no. 2 and insured with respondent no. 3 at the time of accident. Therefore the appellant filed a claim petition under Section 166 of Motor Vehicle Act claiming compensation of Rs. 8,00,000/- from the respondents. The Tribunal after considering the evidence available on record and hearing rival parties partly allowed the petition and directed respondent no. 3 to pay compensation of Rs. 5,60,000/- inclusive of no fault liability to the appellant together with interest at the rate of 8% per annum. Feeling that the compensation granted by the Tribunal was on the lower side, the appellant has preferred the present appeal.

(3.) I have heard Shri P. A. Kadu, learned counsel for the appellant and Shri S. D. Sirpurkar, learned counsel for the respondent no. 3. Respondent nos. 1 and 2 have been only formally joined as parties here as by the impugned judgment and award, the petition has been allowed only against respondent no. 3. Respondent nos. 1 and 2 have been served, but they are absent.