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2010 Supreme(Bom) 918

D.G.KARNIK
JAGADEOPPA MUTTAY APPA BIRAJDAR – Appellant
Versus
SATISH NAGANATH GAIKWAD – Respondent


Advocates Appeared:
For appellant:R. S. Kate For respondent No.1: J. Deo instructed by P. K. Dhakephalkar

JUDGMENT :- This appeal is directed against the judgment and order dated 20 March, 1997 passed by the Member, Motor Accident Claims Tribunal, Solapur (for short "the Tribunal") awarding compensation of Rs.78,000/- to the respondent No. 1.

2. The appellant is the owner of a tractor bearing registration No. MXO6026 involved in the accident. The respondent No. 1 is the person injured in the accident. The respondent No.2 is the driver of the tractor.

3. On 3 January, 1991 at about 6.30 p.m. the respondent No. 1 was walking on Mulegaon Doddi Road near Agatrao Bansode grocery shop in village First Appeal No. 721 of 1997 decided on 6-7-2010. (Bombay) Mulegaon. At that time, the tractor bearing registration No. MXO-6026 driven by the respondent No.2 came from behind and gave a dash to the respondent No. 1 who sustained crush injuries to his both legs. This caused permanent disability to the extent of 60%. The respondent No.1, who was then a minor, through his mother filed an application for compensation. The application was resisted by the appellant. The appellant while admitting the accident denied that it was caused on account of rash and negligent driving of the respondent No.2. He conten














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