KEDAR KAMLAKAR BADAVE Vs. KAILASH EKNATH LAHOTI

JUDGEMENT

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

(2.) The present appellant had filed application under Section 166 of the Motor Vehicles Act for getting compensation for the accidental injuries he had suffered. He had come with a case that, he is a doctor by profession. He owns Maruti Car No.MH-16/E-5404. He was returning to Ahmednagar from Chas at about 10.30 p.m. on 28- 05-2007 by driving his own car. At the spot of the accident one truck bearing No.MH-17/T-9191, owned by respondent No.1 and insured with respondent No.2 on the date of the accident, came from opposite direction. The driver of the said truck was rash and negligent, who lost the control over the truck and gave dash to Maruti driven by the claimant. As a result of the accident, claimant suffered serious injuries. He was admitted to Civil Hospital, Ahmednagar first then to Chhajed Hospital, and thereafter, he was shifted to Inlaks Budhrani Hospital, Pune. Even after getting treatment it is his contention that, he has suffered permanent physical disability to the extent of 35 %. The said accident had taken place due to the negligence on the part of driver of the respondent No.1, and therefore, both the respondents are liable to pay him compensation jointly and severally. He had claimed compensation of Rs.16,42,000/- with interest @ 18 % per annum.

(3.) Matter proceeded ex-parte against respondent No.1.