NARENDRA BAPURAO NICHAL Vs. PRAFULLACHANDRA NICHAL

JUDGEMENT

(1.) BY this appeal the original claimant has challenged the order passed by the Member, Motor Accident Claims Tribunal, Akola in Motor Accident Claims Petition No. 118/1988 dated 21. 6. 1991 by which the learned Member has allowed claim of claimant for compensation, for the injuries he suffered in the accident, in part and he was awarded compensation of Rs. 12000/- for which he was found entitled under section 140 of the Motor Vehicles Act, 1988 being compensation on account of no fault liability.

(2.) FACTS leading to the claim presented by the claimant are that he was Driver engaged by respondent no. 1 on his Matador bearing No. MHV 7761. On the date of incident i. e. on 18. 8. 1987 he was driving the said vehicle on Patur-Chikhalgaon Road at about 7. 00 p. m. While climbing the bridge a jerk was felt and the right front wheel was dislodged. Right at that time one truck came from the opposite side and an impact took place. The claimant suffered injuries to his right leg. It is alleged that the negligence was on the part of the respondent no. 1 i. e. owner of his vehicle and therefore, he preferred claim against present respondents. He did, not however, implead the opposite truck owner, its insurer etc. saying that they were not responsible for his injuries.

(3.) THE respondents resisted the claim.