KAJETAN LEO VAZ Vs. JAGDISH RAGHUNATH MANKAR

JUDGEMENT

(1.) HEARD Shri Bhagwat for the applicant.

(2.) THIS is an application under section 24 of the Code of Civil Procedure, 1908, for transfer of Misc. Application No. 11 of 1990, pending before the Motor Accident Claims Tribunal, Ratnagiri, to the Motor Accident Claims Tribunal for Greater Bombay, at Bombay for trial. Two points arise for my consideration :

(3.) ON the Independence Day - 15th August, 1989 the applicant was travelling from Goa to Bombay as the second driver of Tempo bearing No. MCY 3566. At about 5. 30 p. m. , near Kankavali, which was then a part of the erstwhile Ratnagiri District and which is now a part of the newly constituted Sindhudurg District. When the applicant was sitting next to the driver, who was driving the vehicle, the vehicle hit a tree, as a result of which the applicant suffered serious injuries and his left leg has been amputated. The applicant has filed his claim in the year 1990 (the day and month is not available since the same is left blank in the copies produced before this Court and the records and proceedings has not been called for) making a claim of Rs. 9 lacs on different counts. It is true that the applicant received the initial treatment at the Sawantwadi Civil Hospital, followed by the treatment at the Holy Spirit Hospital, at Andheri - Bombay and then at the K. E. M. Hospital, at Parel, Bombay. It is stated that he is still required to go to the K. E. M. Hospital, at Parel - Bombay occasionally for some treatment and/or some physical exercises for being able to walk on crutches.