AVINASH Vs. NIMMALAL NAGESHWARRAO AND ORS.

JUDGEMENT

(1.) This appeal filed under Sec. 173 of the Motor Vehicles Act, 1988 (in short, "the said Act") seeks enhancement in the amount of compensation awarded by the Motor Accident Claims Tribunal, Yavatmal. According to the appellant, he was travelling in a Tempo -Trax that was involved in an accident on 1.7.1994 resulting in various injuries. According to the appellant, said vehicle driven by him was dashed by a truck coming from opposite side. The appellant suffered various injuries and his vehicle was also damaged. According to the appellant, he was aged about 22 years when the accident took place and he was earning an amount of Rs. 2,500/ - per month by working as a idol -maker. According to him, he was entitled for compensation of Rs. 3,00,000/ - on account of said accident. He, therefore, filed the proceedings under Sec. 166 of the said Act.

(2.) The proceedings were contested by the respondent No. 2 -Insurance Company. Though the policy was admitted to cover the vehicle in question, a stand was taken that the claim as made was excessive and that no terms and conditions of the policy were breached by the driver of the truck. On aforesaid counts the claim for compensation came to be opposed.

(3.) The claimant examined himself vide Exh. -36 and placed on record copy of the F.I.R., spot panchanama, discharge card and a certificate issued by the doctor regarding his injuries. Some other documents relating to expenses on spectacles and medicines were also placed on record. Said witness was cross -examined by the counsel for the Insurance Company. It was suggested that his driving licence was not produced on record. He denied the suggestion that the accident occurred due to his negligent driving.