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2022 Supreme(Bom) 1055

S.G.DIGE
Ajay Chandrakant Akade – Appellant
Versus
Manik Mahadeo Yadav – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.R.K. Temkar, Adv.
For the Respondent: Mr.D.R. Jaybhar, Mr.S.V. Kulkarni, Advs.

JUDGMENT :

1. Being aggrieved and dissatisfied with the judgment and award passed by the Member, Motor Accident Claims Tribunal, Ahmednagar, the appellant (original claimant) preferred this Appeal for enhancement of compensation.

2. Brief facts of the case are as under :-

On 2nd May, 1999, the appellant was proceeding on Bajaj Motorcycle along with his friend Sunil Eknath Pund towards Walavane. The appellant was ridding the motorcycle. When the appellant reached near Walavane locality, one Fiat Car bearing No.MH-24/C-2424 came from the opposite direction in high speed and gave dash to the motorcycle of the appellant. Due to which the appellant and his friend fell down and sustained fractures and several injuries. The appellant was shifted to Dual Hospital. The crime was registered against the driver of the Fiat Car for rash and negligent driving.

3. The appellant filed the Claim Petition for getting compensation before the Member, Motor Accident Claims Tribunal (for short, “the Tribunal”). Considering the evidence led before the Tribunal and hearing the parties, the Tribunal has passed the judgment and order which is under challenge.

4. It is contention of the learned counsel for the ap

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