DEVIDAS Vs. ASARAM

JUDGEMENT

(1.) Present appeal has been filed by the original respondent challenging the judgment and award passed by learned Ad hoc District Judge-1 & Member of the Motor Accident Claims Tribunal, Majalgaon, District Beed, in Motor Accident Claim Petition No. 02 of 2011, dated 24-08-2015, whereby the petition filed by the present respondent under Section 166 of the Motor Vehicles Act, 1988 came to be partly allowed against him. [Parties are referred by their nomenclature before the Tribunal henceforth.]

(2.) The original petitioner had come with a case, that he was travelling along with other passengers in motor jeep bearing registration no. MH23/E-2140 from Majalgaon to Takarwan at about 06.00 to 06.30 p.m. on 16-10-2010. Present petitioner, who is the owner of the said vehicle, was driving it in high speed, rash and negligent manner. It is stated that the jeep driven by the respondent gave dash to tractor bearing no. MH-23/P-5165 which was coming from the opposite direction. As a result of the dash, the petitioner sustained injuries to his right and left leg, right thigh, hand and back. He was then admitted to Government College & Hospital, Aurangabad. The respondent was prosecuted by Majalgaon Police for the said accident. It is stated that he has suffered 15 % disability due to the accidental injuries. He had incurred huge medical expenses. He was a labour getting monthly income of Rs. 5,000/- per month and was aged 42 years. He has claimed compensation to the tune of Rs. 18,00,000/- but restricted it to Rs. 6,00,000/- for the purpose of court-fees.

(3.) The respondent filed written statement at Exhibit 19. He admitted that the petitioner was travelling from his jeep but then denied that the accident had taken place due to his negligence. He has tried to contend that the accident took place due to the rashness and negligence on the part of the tractor driver who had come from opposite direction and also stated that the application is not maintainable for non-joinder of necessary parties.