RAMESH DEORAOJI ADMANE Vs. KISHORE BHIKAMCHAND RATHI

JUDGEMENT

(1.) This appeal challenges legality and correctness of the judgment and order dated 28th July, 2003, rendered in Claim Petition No.113/1998 by the Chairman, Motor Accident Claims Tribunal, Nagpur on the ground that compensation awarded by the Tribunal is inadequate.

(2.) It so happened that on 22.8.1990, when the appellant was riding a motorcycle at a spot near village Butibori on Nagpur-Wardha Road, a Premier Padmini Car bearing registration No.MH-31-2008 came from the opposite direction and dashed against the right side of the motorcycle rode by the appellant. At that time, there was also one pillion rider on the motorcycle. The appellant as well as pillion rider fell down on the ground and sustained serious injuries. The appellant sustained fracture to his right leg. He was taken to hospital of Dr. Babhulkar where he was treated for about 5 days and discharged later on. At that time, the appellant was carrying on the business of execution of civil works on contract and had in his hand one work belonging to Sindi Agricultural Produce Marketing Committee. This work could not be completed by him because of the injuries suffered by him. Ultimately, the injuries suffered by the appellant resulted in his sustaining of permanent disability to the extent of 52%, which made the appellant stop his business of execution of civil works on contract. He lost his income. In order to indemnify his lossess the appellant filed a claim petition under Section 166 of the Motor Vehicles Act (in short, " MV Act ").

(3.) The petition was resisted by the respondent No.1 owner of the offending vehicle Premier Padmini Car and respondent No.2 the insurer of the offending vehicle. Both of them admitted ownership and insurance, but denied that there was any fault on the part of the driver of the offending vehicle in causing of the accident. They also submitted that the appellant was not entitled to receive any compensation.