DIVISIONAL CONTROLLER, MAHARASHTRA STATE ROAD TRANSPORT CORPORATION, MSRTC, DIVISION - AHMEDNAGAR Vs. KIRAN LAXMAN CHABUKSWAR

JUDGEMENT

(1.) The appellant - Maharashtra State Road Transport Corporation, (for short "MSRTC") has preferred present appeal under section 173 of the Motor Vehicles Act, 1988 (for short "Act of 1988") and put in question the judgment and award dated 08-06-2016 passed by the Chairman, Motor Accident Claims Tribunal, Ahmednagar (for short "Tribunal") in Motor Accident Claim Petition No. 855 of 2011.

(2.) Factual matrix of the matter in brief is that, on 31-08-2011 in wee hours of the evening at about 6.00 to 6.30 p.m. respondent-herein - original claimant accompanied with his maternal uncle Shri Bhinagardive were proceeding on the road near premise of hotel "Yash Palace". When they were crossing the Ahmednagar-Pune Highwy Road, the vehicle S.T. Bus bearing registration No. MH-12/EF-6826 of the appellant MSRTC arrived speedily and knocked down the claimant, due to which he sprawled on the ground. The driver of S.T. Bus was rash and negligent, while driving the vehicle. The claimant sustained serious fracture injuries to his knee. He was immediately escorted to the hospital for medical treatment. The medical expert examined him and opined that claimant received intera articular fracture of right tibia.

(3.) The appellant MSRTC appeared in the claim proceeding filed before Tribunal and resisted the claim by written statement (Exhibit10).