PANDURANG TEJRAO BHOYAR Vs. BRAMHAIAH

JUDGEMENT

(1.) THOUGH in pursuance of the order passed on 25th July, 2013, notice was issued for final hearing, today, none appears for the respondent No.1 and 2, the driver and the owner of the alleged offending truck.

(2.) HEARD Mrs. S.M. Saware, learned counsel for the appellant and Mr. K.V. Kotwal, learned counsel for the respondent No.3. Since the respondents are already served with notice regarding final disposal of the matter, this appeal is being taken up for final disposal at the admission stage.

(3.) THIS is a hit and run case in which the appellant, who was riding a motorcycle bearing registration No. MH -29 -K -6976 together with his sister as a pillion rider and proceeding from Muktapur to Takali on the motorcycle on 20th July, 2005, was dashed against by a speeding truck. The accident resulted in sustaining of grievous injuries by the applicant and his sister. According to the appellant, he could note down the registration number of the truck which was AP -26 -W -2499. He felt that the accident had occurred only due to rash and negligent driving of this truck and therefore, he preferred a claim petition under Section 166 of the Motor Vehicles Act, 1988 (in short, "the M.V. Act") against the driver, owner and insurer of the truck, who are respondents herein.