KRUSHNA SHIVAJI PATIL Vs. PARMANAND RAJENDRA PATIL

JUDGEMENT

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

(2.) Present appellant - original claimant filed petition under Section 166 of the Motor Vehicles Act, 1988, vide M.A.C.P. No. 592 of 2010 before learned Member of the Motor Accident Claims Tribunal, Dhule, which was decided by the learned Member on 17-04- 2017. The said petition was partly allowed and respondents no.01 and 02 were held jointly and severally liable to pay compensation of Rs. 35,000/-, including the amount under 'no fault liability' together with interest at the rate of 8 % per annum.

(3.) Since the appeal is in respect of only enhancement, the facts giving rise to the original petition are narrated in short. The claimant suffered motor vehicle accident on 24-05-2010 at about 08.30 p.m. When he was crossing the road, he was hit by Tata Indica Car bearing no. MH-19/AP-2469 owned by respondent no.01 and insured with respondent no.02 on the date of the accident. The driver of the Tata Indica car was prosecuted for the said accident. The claimant had taken treatment at Sudha Hospital. He had sustained fracture to his leg and injury to his waist. According to the claimant, he had also sustained head injury. It was contended that he had spent amount of Rs. 1,50,000/- on his medical treatment. The claimant was serving as Cashier with Canara Bank, Branch at Morane-Pra-Laling and was getting salary of Rs. 19,500/- per month. According to the claimant, he has sustained permanent disability and he is unable to work and therefore, he claimed compensation of Rs. 4,00,000/- with interest at the rate of 18 % per annum. Matter proceeded ex parte against respondent no.01. The Insurance Company in its written statement denied all the averments in the petition and it was contended that the accident had taken place due to the negligence of the claimant who had suddenly tried to cross the road.