JITENDRA KRISHNARAO PANT Vs. ARMED FORCES EX-OFFICERS

JUDGEMENT

(1.) The submissions of the learned counsel appearing for the parties were heard yesterday. The appellant who is the original claimant in a Claim Petition under section 110-A of the Motor Vehicles Act, 1939 has taken an exception to the judgment and award dated 19th March, 1996 passed by the learned Member of the Motor Accident Claims Tribunal, Pune. In the Claim Petition, the claim made by the appellant was of Rs.10,00,000/-. The Tribunal has awarded compensation of Rs.2,25,000/- with the interest thereon at the rate of 12% per annum. The impugned award has been made against the owner of the vehicle and the insurer of the vehicle involved in the accident. There is no challenge to impugned award by any of the respondents in the form of an appeal or cross-objection.

(2.) With a view to appreciate the submissions made by the learned advocate for the appellant, it will be necessary to refer to the facts of the case in brief. On 10th July, 1988 the petitioner was proceeding by his motorcycle from Natraj theatre to his residence at Pune. When he came near Sambhaji bridge, a bus driven by the second respondent came from behind and gave him a dash. According to the case of the appellant the bus was being driven in a rash and negligent manner and in a very high speed. It is alleged that the driver of the bus was trying to overtake from his left side without giving any signal and in the process gave a dash to the appellant. The impact was so enormous that the appellant and his motorcycle were dragged up to distance of 40 to 50 feet towards extreme right side of the road.

(3.) According to the case of the appellant he sustained injuries and suffered disability. The claim was contested by the first and second respondents by contending that the bus was being driven at a moderate speed. The appellant came from Karve road and hurriedly turned his motorcycle towards right towards Sambhaji bridge. While taking a sharp turn the appellant lost his balance and motorcycle skidded on the road as a result he fell down in front of right wheel of the bus. The second respondent steered the bus towards the right and saved the appellant from coming directly under the front wheels. In short the contention is that there was no negligence on the part of the second respondent. The Tribunal found the driver of the bus responsible for the accident and held that the driver was rash and negligent. The Tribunal fixed the compensation amount at Rs.2,25,000/-, the break-up of which is as under: "1) Rs.40,000/- Medical expenses. 2) Rs.25,000/- Disability. 3) Rs.30,000/- Pains and sufferings. 4) Rs.50,000/- Loss of amenities in life. 5) Rs.25,000/- Loss of future income. 6) Rs.01,000/- Attendant charges. 7) Rs.50,000/- No chance of issue in future due to accident. 8) Rs.02,000/- Cook charges. 9) Rs.02,000/- Conveyance charges. -------------- Rs.02,25,000/- Total. --------------