BABURAJ T G Vs. VIKAS ATMARAM KHARE

JUDGEMENT

(1.) This appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short, 'the said Act') has been preferred by the claimant seeking enhancement in the amount of compensation as awarded by the Claims Tribunal.

(2.) According to the appellant-claimant, he is the owner of a Tempo-Trax Jeep which was insured with the respondent no.4. On 26.12.2001, the appellant was proceeding in that vehicle which was driven by respondent no.5 on the highway when it was dashed by another jeep coming from the opposite side. The said Jeep was driven by the respondent no.1, owned by respondent no.2 and was insured with the respondent no.3. As a result of that accident, the claimant suffered various injuries and was required to undertake medical treatment. It is the case of the claimant that he incurred an amount of Rs.1,25,000.00 towards those medical expenses. He also suffered permanent partial disability to the extent of 25% as a result of fractures to the femur bone. He therefore filed proceedings under Sec. 166 of the said Act claiming compensation of Rs.5,00,000.00.

(3.) Written statement was filed by respondent no.3-Insurer of the offending vehicle. It was denied that the driver of that vehicle was rash and negligent while driving the same. Without prejudice, it was stated that drivers of both the vehicles were equally responsible.