JUDGMENT :

1. Dismissal of injury claim by the Tribunal in MACP No.62 of 2011 vide judgment and order dated 09.03.2018 gave rise to the claimant to file this appeal seeking reversal of the judgment and grant of compensation.

2. It is appellant’s case that on 06.12.2007 the appellant injured (applicant) was proceeding as a pillion rider along with his brother on motorcycle from village Kol-Kanadi towards Ambajogai. While the motorcycle was passing from Yashwantrao Chavan Chowk, Ambajogai, offending truck bearing registration No. MH-22-L-399 came in high speed and gave dash from behind to the motorcycle. As a result and impact of said dash, applicant as well as his brother i.e. rider of motorcycle sustained severe bodily injuries. At the instance of FIR lodged by the applicant, police have registered Crime No.351 of 2007 under section 279, 337 and 338 of the Indian Penal Code against the driver of the offending truck. The applicant took medical treatment at various places. He sustained 46.8% permanent disability. It is the applicant’s case that he was serving in private limited company on monthly salary of Rs.7500/-. Due to accidental injuries, the applicant has lost his job as well as