GANGADHAR S/O.SAMBHAJI MANGALWAD Vs. ADHIK

JUDGEMENT

(1.) Present appeal is filed by original claimant for enhancement in the compensation granted to him by the Member of the Motor Accident Claims Tribunal, Nanded, in Motor Accident Claim Petition No. 194 of 2016 on 21-04-2018. He had filed the petition under Section 166 of Motor Vehicles Act, 1988.

(2.) Original claimant had sustained permanent disability in a vehicular accident. The accident had taken place on 31-12-2015, when he was returning on his motorcycle bearing No. MH-29/AS-5236 to his village Talegaon. When he was near Dorli, he was dashed by Tempo bearing No. MH-04/DD-7258. The said Tempo had come from opposite direction. Accident took place due to the negligence of Tempo driver. That vehicle was owned by respondent No. 1 and it was insured with respondent No. 2-insurance company. Claimant had sustained serious injuries to his head, right shoulder, etc. He has undergone operations and took long treatment at various hospitals. He has spent Rs.6,00,000/- on his treatment. However, his injuries have not been cured. He has suffered permanent disability. He was 33 years old at that time and was earning Rs.29,500/- p. m. salary as Krishi Sehay. He claimed compensation of Rs.20,00,000/-.

(3.) Respondents No. 1 and 2 had filed their separate written statements. They have denied the averments in the petition. They have denied the age, occupation and income of the claimant as narrated. They have denied that claimant has suffered permanent disability. They have also denied the allegations regarding negligence of driver of Tempo driver. It was admitted that the Tempo was insured with respondent No. 2. The insurance company has taken a defence that the vehicle belonging to respondent No. 1 has been falsely involved. First Information Report has been lodged after a month. Statutory defences have also been taken contending that company is not liable to pay compensation.