RELIANCE GENERAL INSURANCE COMPANY Vs. BHANUDAS VITHOBA KHODADE

JUDGEMENT

(1.) The appellant/insurance company is hereby taking exception to the judgment and award dtd. 26/9/2016 passed by the Motor Accident Claims Tribunal, Ahmednagar in M.A.C,P. No. 841 of 2011 filed at the instance of present respondent no.1/original claimant.

(2.) Learned counsel for the appellant/insurance company would submit that respondent original claimant, Bhanudas (present respondent no.1), filed an accident claim petition under Sec. 166 of the Motor Vehicles Act, contending that he was proceeding on a motorcycle bearing registration No. MH-14-H- 804 towards village Ane after meeting his daughter. The motorcycle was driven by him and his brother Kashinath was the pillion rider. When their motorcycle was in the vicinity of village Kanhur, a motorcycle bearing No. MH-16-AP-3040, being driven by one Sayaj Bhagchand Dharam, came from the opposite direction at an excessively high speed and gave dash to the motorcycle, in which respondent No.1/claimant and his brother Kashinath suffered serious injuries.

(3.) The learned counsel pointed out that, it was alleged that the accident occurred solely due to the rash and negligent driving of the rider of the motorcycle bearing No. MH-16-AP- 3040. However, according to him, there was no evidence to suggest that the rider of the said motorcycle was solely responsible or was riding the motorcycle in a rash and negligent manner. The learned counsel fairly submitted that, the present appeal is confined to the claim awarded by the Tribunal, even though the medical bills were not proved by cross-examining any witness. Therefore, he questions the finding and compensation awarded by the Tribunal.