GULAB CHANGDEO KALE Vs. NILESH HIRAMAN HIRE

JUDGEMENT

(1.) This appeal is directed against the judgment and award, passed by the Motor Accident Claims Tribunal at Ahmednagar, in Motor Accident Claim Petition No. 125 of 2013 by the claimant. Respondent no.1 is the owner of the offending vehicle. Respondent no.2 is the insurer Insurance Company.

(2.) Undisputedly, on 20.11.2012 the claimant, who was about 26 years old young person, was riding the motor cycle No. MH-16/AF-1741, from Sarola Kasar to Ahmednagar by Nagar-Daund road. One friend of claimant, namely Vijay Dhole was the pillion rider. At about 8.00 a.m. Maruti Car No. MH-19/BJ-2288 (hereinafter referred to as, 'the offending vehicle') came from Ahmednagar side and dashed against the motor cycle of the claimant.

(3.) Contention of the claimant is that the accident occurred due to rash and negligent driving by the offending vehicle. In that accident, claimant sustained severe head injury and fracture injury, which resulted into his permanent disablement. Therefore, claimant filed Claim Petition for recovery of compensation of Rs. 40 Lacs.