RANJIT ARUNKUMAR JAISWAL Vs. ASHOK MANIKRAO KHOPADE

JUDGEMENT

(1.) The appellant-original claimant is aggrieved by the judgment and award dtd. 4/3/2006 passed by the Member, Motor Accident Claims Tribunal, Amravati in Claim Petition No. 2/1999. Respondent no.1 is the owner of luxury bus bearing registration no. MH-18/C-7699, respondent no.2 is the insurer of the luxury bus and respondent no.3 is the insurer of Truck bearing no. MH-04/H/1938.

(2.) The appellant suffered multiple injuries in an accident that occurred on 15/11/1997. The bus and truck had head-on collision. The drivers of both the vehicles died on the spot. The owner of the Truck has also expired. Hence, owner and driver of Truck have been not made party. An offence came to be registered under Ss. 279 and 304A of the Indian Penal Code, 1860 vide Crime No. 68/1997. The appellant has blamed both the vehicles for rash and negligent driving and held them responsible for the injuries sustained by him in the accident.

(3.) According to the appellant, he was 29 years old and was earning Rs.3,000.00 per month. He is involved in the business of running Funfair as well as Mini Bazar at various places throughout the State of Maharashtra. He was travelling in the luxury bus while returning from Mumbai, when the accident occurred. He was admitted at NM Hospital, Nashik for a period from 5/11/1997 to 14/1/1998. He claimed to have suffered permanent disability to the extent of 40%. He claimed expenses to the tune of Rs.2,09,735.00 towards medicine and treatment at NM Hospital. He also claimed compensation under other heads, viz., mental shock, loss of income, diet money, etc., total amounting to Rs.10,20,350.00. Respondent nos. 2 and 3 contested the petition.