BANO Vs. KAISAR NASIR BEG ( SHAIKH)

JUDGEMENT

(1.) Present appeal has been filed by original claimant for getting enhancement in the compensation granted by the learned Tribunal.

(2.) The claimant had filed Motor Vehicle Claim Petition No.371 of 2011 before the Motor Accident Claims Tribunal, Ahmednagar, under Section 166 of the Motor Vehicles Act, 1988 for getting compensation. The claimant who was aged 40 years, doing labour work and earning Rs.5000/- to Rs.6000/- per month in Shevgaon City and other villages, contended that, she has suffered permanent disability due to accident that had taken place on 27-02-2011 at about 04.10 p.m. She was returning from Ape rickshaw bearing MH17/AJ-503 from Shirur Kasar to Dahigaonshe. The said rickshaw was dashed by truck bearing No. MH-20/BT-1144 which had come from opposite direction in high speed, rash and negligent manner. In fact the Ape rickshaw was stationary at that time by the side of the road. The said accident had taken place due to the negligence on the part of truck driver. Applicant sustained fracture to her right Clavicle and fracture to left Clavicle bone. So also she had serious injuries to Proximal Tibia and Fibula of Left leg. According to her she has incurred huge expenditure for medical treatment, however the accidental injuries have turned into permanent disability. The said truck was belonging to opponent No.1 and it was insured with opponent No.2. Opponent No.3 is the owner of Ape rickshaw. It was also contended that, the Ape rickshaw driver had not taken proper care to avoid accident. Opponent No.4 is the Insurance Company of the rickshaw. Thus compensation was claimed from all the opponent.

(3.) Opponents No.1 and 3 though appeared, did not file written statements. Opponents No.2 and 4, the Insurance Companies of respective vehicles filed written statement and denied all the averments. Both the Insurance companies have blamed the driver of the rival vehicle for the accident and both of them have taken statutory defences. Both of them have denied that, claimant has sustained permanent physical disability.