JUDGMENT :

Indu Malhotra, J.

1. Leave granted.

2. The present Appeal by Special Leave has been filed against the final judgment and order in F.A. No. 1353 of 2015 dated 25.01.2017 passed by the High Court of Judicature at Bombay (Aurangabad Bench) in a claim under the Motor Vehicles Act.

3. The facts giving rise to the present petition briefly stated are as follows:

3.1. The Appellant herein is the Claimant, who was 29 year old at the time of the accident, and employed as a driver, drawing a monthly salary of Rs. 8,500.

On 16.10.2009, at about 9:30 a.m. the Appellant and his wife were travelling by motorcycle from Pune towards Tambewasi, when a Maruti Car bearing Registration No. MH14/AE 1108 owned and driven by Respondent No. 1 collided with them. The car was coming from the wrong side of the road, and was trying to overtake a State Transport Bus, when it hit the Appellant’s motor cycle.

The Appellant fell on the road and sustained multiple injuries. The Appellant fractured his right thigh, right ankle, and right arm. He was admitted in various hospitals for treatment, and underwent