PRASHANT PUNDLIKRAO MUNDE Vs. AFSARKHAN TAHERKHAN PATHAN

JUDGEMENT

(1.) Present appeal has been filed by the original claimant for enhancement in the compensation granted by Motor Accident Claims Tribunal.

(2.) The present appellant - claimant had filed petition for getting compensation under Section 166 of the Motor Accident Act. It was contended by him that, he met with an accident at about 2.00 p.m. on 17-04-2012 when he was proceeding on motorcycle bearing No.MH-22/ 6870, he was dashed by truck bearing No.MH-26/AD0331 from back side. The tyre of the truck ran over his both the legs, as a result of which he had received severe injuries. He has taken treatment at Government Hospital, Parbhani and then he was referred to Dhoot Hospital, Aurangabad. He has taken treatment from 17-04-2012 to 21-04-2012. His both the legs were required to be amputated, and therefore, he has suffered permanent physical disability. The said accident was caused due to the sole negligence on the part of the truck driver which was belonging to respondent No.1 and the said truck was insured with respondent No.2 on the date of the accident, and therefore, both the respondents are liable to pay him compensation jointly and severally. The claimant has contended that, he was a medical practitioner, getting income of Rs.20,000/- per month prior to the accident. He has claimed in all compensation of Rs.45,00,000/-.

(3.) Respondent No.1 filed written statement at Exhibit 14 and respondent No.2 has filed it at Exhibit 21. Both of them have denied the allegations and the manner in which the accident took place as narrated in the petition. They have denied the allegation that the accident took place due to the negligence on the part of the truck driver. It has been contended that, the accident was caused due to the negligence of the claimant himself, and therefore, he is not entitled to get compensation. Age, income and occupation of the claimant has been denied. The Insurance Company has taken statutory defences also.