SHIVAJIRAO NILKANTHRAO PATIL Vs. MARUTI APPA TADE

JUDGEMENT

(1.) The appellant has preferred this appeal against the dismissal of his Motor Accident Claims Petition No. 129 of 2000 by the Motor Accident Claims Tribunal, Gadhinglaj. With consent of the counsel for the parties, the appeal is immediately taken up for final hearing.

(2.) It is a case of the appellant that on 7th August, 1995 at 8.30 p.m. he was travelling by his motor cycle bearing No. DEW-9197. He was proceeding towards Kadgaon. At that time, another motor cycle bearing No. MEH-386 came in high speed from the opposite direction. Respondent No. 3 drove the motor cycle rash and negligently and dashed the motor cycle of the appellant due to which he fell down and sustained several injuries including fractures. After the occurrence, he was taken to the hospital of Dr. Kolhapure and from there he was shifted to the hospital at Miraj, where he was required to take treatment for long time. He claimed that due to the injuries, he had suffered partial permanent disability and he is unable to discharge his work as an agriculturist. Therefore, he claimed an amount of Rs. 4,28,500/- as compensation. The offending vehicle was owned by deceased respondent No. 1-Maruti Appa Tade and was insured with respondent No. 2-United India Insurance Company Ltd.

(3.) The respondent Nos.l and 3 filed their Written Statements at Exh. 24 and respondent No. 2 filed its Written Statement at Exh.28. They denied that the accident had taken place due to the rash and negligent driving of the motor cycle bearing No. MEH-386. They also denied that the said motorcycle was involved in the said accident. They also denied the injuries and partial permanent disability and the expenses incurred by petitioner/appellant.