BHIMRAO SHAMRAO SHINDE Vs. RAMESH SITARAM DEVKAR

JUDGEMENT

(1.) This appeal is filed by the appellant being dissatisfied by the judgment and order dated 28.03.2005 passed by the Motor Accident Claims Tribunal, Yavatmal in Motor Accident Claim No. 56 of 1997. He has approached this Court seeking enhancement of compensation over and above the amount granted by the Tribunal.

(2.) The appellant was travelling in a tempo trax vehicle while returning after attending a marriage on 19.05.1996, when at about 06:45 a.m., the said vehicle met with an accident. Due to rash and negligent driving of the vehicle by the driver, it dashed against a road side tree resulting in death of two persons on the spot and injuries to other passengers in the said vehicle. The appellant sustained severe injuries including fracture to his right femur, due to which he was admitted for sustained period in hospitals at Yavatmal and Nagpur. Thereafter, he was shifted for further treatment to a hospital in Pune wherein he remained under treatment till August, 1996.

(3.) The appellant was 37 years old when the accident took place and he was working as an Agricultural Overseer in Vasant Sahakari Sakhar Karkhana, Pusad drawing a monthly salary of Rs.4,460/ only. Due to the injuries suffered by the appellant in the said accident, he was not able to sit on the ground or walk long distance. He was unable to drive any vehicle or ride a bicycle. He suffered total loss of hip movements and suffered permanent disability of 60 per cent.