STATE OF MAHARASHTRA Vs. RAMDAS BHAGWAN VAIRAT

JUDGEMENT

(1.) Heard learned Advocate for the Appellants-Original Opponents and learned Advocate for the Respondent-Original Claimant.

(2.) The Appellant No.2 - Nilesh was a driver of Bajaj Motorcycle MH-19-AJ-2744. It was owned by the Appellant No.1-Shantaram. The accident took place on 28/6/2008 at midnight at about 1.30 a.m. There were three injured and there were two motorcycles involved. The details are as follows:-

(3.) All the injured were hospitalised. When the Head Constable - Sayyed from Pimpari Police Station got information, he went to the spot. Both the Motorcycles were lying there. He went to Yashwantrao Chavan Memorial Hospital ("YCM Hospital") and noticed, all three patients were not in a position to talk. On 29/6/2008, he met the Appellant No.2-Nilesh and the pillion rider Dhirajsingh and inquired with them about the accident. It is true that the FIR dated 29 thJune 2008 nowhere mentions about the recording of statement of the Claimant. The statement of the Claimant-Kayyum was recorded on 27/12/2008. (Page No.16). On the basis of enquiry, Head Constable Sayyed came to the conclusion that the Motorcycle driven by the Appellant No.2-Nilesh was rash and negligent. He registered the FIR against him for the offences under Ss. 279, 338 of the Indian Penal Code, 1860.,IPC and under Ss. 199, 177 of the Motor Vehicles Act, 1988,MV Act.