RAVINDRA DASHRATJ MORE Vs. RANGRAO VITOBA PAWAR

JUDGEMENT

(1.) Learned counsel appearing for the appellant states that all the respondents are served. Affidavit of service has been already filed in this court. Respondent nos.1, 2 and 3 are absent.

(2.) By consent of parties, matter is heard finally. This appeal is directed against the judgment and award dated 27th July,2007 passed by the MACT, Thane allowing part of the claim made by the appellant. Being aggrieved by the said judgment and award dated 27th July, 2007 the appellant has filed this appeal in so far as refusal of the tribunal to award the amount as computed in paragraph (19) of the judgment is concerned. Some of the relevant facts for the purpose of deciding this appeal are as under :-

(3.) On 29th December, 1998, the appellant was going towards Wada on M-80 vehicle of which he was a pillion rider. The vehicle was on Wada-Bhiwandi road. When the M-80 vehicle came near village Kudus, the motor lorry came in high and excessive speeds and in a rash and negligent manner and dashed behind the vehicle which the applicant was riding which accident resulted in serious injuries to the appellant setout in the impugned judgment. The appellant filed claim before MACT. The respondent nos. 1 and 2 did not appear before tribunal. The matter proceeded with against respondent nos. 1 and 2 ex-parte. Respondent no.3 opposed the petition by filing its written statement and denied that the accident had occurred due to negligence of the offending vehicle. The tribunal framed various issues and rendered a finding that the appellant had proved that he was injured in the said accident due to the rash and negligence driving of the respective drivers. M-80 scooter had already been ensured with the respondent no.4 at the time of accident.