PRAMOD SAKHARAM BHORSE Vs. VIJAY SUKHDEO PASARATE

JUDGEMENT

(1.) THIS appeal has been preferred by the non-applicant first Appeal no. 6 of 1999. 2 against whom an award has been passed under Section 166 of the motor Vehicles Act by the Motor Accident Claims Tribunal, buldhana.

(2.) THE facts giving rise to the appeal are as follows -The respondent/claimant was learning in 3rd standard at a relevant time. The claimant was going home from his school on foot. While he was so going, it is alleged that the non-applicant was driving tractor and trolly at the relevant time. The said Tractor and trolly turned turtle and claimant who was passing by the road was hit by the said tractor and trolly. He is paralyzed due to the said accident. He, therefore, filed the application claiming compensation of Rs. 3,00,000/ -.

(3.) THE non-applicant resisted the application and denied all allegations made by the claimant. He denied that the accident had taken place due to the rash and negligent driving.