PRABHAKAR SHAMRAO KOLTE Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) By this appeal, filed under Sec. 173 of the Motor Vehicles Act, original claimant seeks enhancement of compensation awarded by Motor Accident Claims Tribunal, Aurangabad in MACP No. 252 of 2017.

(2.) Claimant filed the claim petition contending that on 26/12/2016, at about 8.00 p.m. he was going towards his house at Harsool, on Motorcycle bearing No. MJL 8365 with his friend Sunil More on Phulambri - Aurangabad road. When he reached near gate of Stepping Stone School, respondent No.2 - Driver of State Transport Bus who was driving ST Bus bearing No. MH-14/BT4006, gave dash to him. In the accident, claimant suffered grievous injuries to his right hand and leg. He was admitted in Government Hospital, Aurangabad and thereafter in MGM Hospital, as indoor patient from 17/1/2017 to 1/2/2017 and from 15/2/2017 to 16/2/2017. Claimant was 34 yeas old at the time of accident and was a mason by profession and he was earning Rs.10,000.00 per month. Due to the accident, he was not in a position to do masonry work. He, therefore, claimed Rs.12.00 lakh compensation.

(3.) Respondent No. 1- Maharashtra State Road Transport Corporation and respondent No.2 - Driver, filed their written statements and opposed the claim. They claimed that driver of the State Transport Bus is well trained and he is not responsible for the accident.