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2011 Supreme(Bom) 941

A.S.OKA
Dattatraya Laxman Shinde – Appellant
Versus
Nana Raghunath Hire – Respondent


Advocates Appeared:
For the Appellant:S.G. Deshmukh with Shreepad Deshmukh, Advocates.
For the Respondents:R3, S.S. Vidyarthi, Advocate.

Judgment :

1. The Appellant, a young doctor who became a victim of paraplegia as a result of injuries sustained in a motor accident has taken an exception to the judgment and award made by the learned Member of the Motor Accident Claims Tribunal by which his claim for compensation has been partly allowed. The Appellant met with an accident on 15th December, 1993. He met with an accident when he was about 25 and half years old and by that time, he had acquired qualification of Bachelor of Ayurvedic Medicine (B.A.M.S.). As a result of fracture to 12th thoracic vertibra, He suffered from complete paraplegia both motor and sensory below thoracic 12 with complete bladder and bowel involvement. The compensation granted by the Tribunal is Rs.8,85,000/- with interest at the rate of 12% per annum against the claim of Rs.50,00,000/- made by him in the claim petition.

2. The accident occurred on 08:30 am on 5th December, 1993. At the time of accident, the Appellant was proceeding towards Kolhapur by Bombay – Bangalore national highway. It started raining and therefore, the Appellant halted his scooter on the left side of the road below a tree. At that time, a Bajaj tempotrax driven by the Resp
































































































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