SK. SAMAD Vs. DAYANAND BABAN DETKE

JUDGEMENT

(1.) In this appeal, filed under Sec. 173 of the Motor Vehicle Act, 1988 (hereinafter referred to as "the M.V.Act" for short), challenge is to the judgment and order dtd. 3/11/2003 passed by the learned Member of the Motor Accident Claims Tribunal, Akola, whereby the claim for compensation on account of injuries sustained by the appellant in a motor vehicle accident was partly allowed.

(2.) Background facts :-

(3.) According to the appellant, on account of the injuries sustained to right eye, he lost complete vision of the right eye. He is not able to drive the vehicle. He has suffered permanent disability. It has resulted into loss of his earning. According to him, at the relevant time, his monthly salary was Rs.3,000.00 and he was getting Rs.150.00 towards bhatta on the day of duty. In short, it is the contention of the appellant that his monthly income was Rs.4,000.00. On account of permanent loss of working capacity, he has been facing difficulties in his life. He is unable to maintain his family, which consists of four children, wife and mother. He, therefore, claimed compensation of Rs.5,00,000.00. According to him, respondent nos.1 to 3 are jointly and severally liable to pay compensation. He further contended that if he is held responsible for the accident, then respondent nos.4 and 5 would be liable to pay the share of the compensation.