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2022 Supreme(Bom) 1027

MANISH PITALE, VALMIKI SA MENEZES
Ramesh s/o. Manoharrao Bote – Appellant
Versus
Popat s/o. Dattu Jagtap – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. V. S. Undre
For the Respondent: Mr. Swapnil S. Rathi

JUDGMENT :

1. Challenge in this appeal is to the judgment and order passed by the Motor Accident Claims Tribunal, Bhoom. The appellant – original claimant has preferred this appeal for enhancement of compensation.

Brief facts of the case are as under:

2. On 31st March, 2012, appellant had been to Barshi for weekly bazar. After completing his work, the appellant and his friend namely Pruthviraj were proceeding to their village Uplai (T) on motorcycle bearing No.MH-13/ AV-9457. Pruthviraj was driving the said motorcycle. When they reached on Barshi-Uplai road, it was about 7.15 p.m. At that time, one tractor bearing No. MH-45/F-3948 came from the opposite side, in high speed. Pruthviraj took motorcycle on the Kacha/rough road. However, driver of the said tractor could not control it. The said tractor dashed motorcycle. Due to dash, appellant and Pruthviraj fell down on the road and sustained multiple grievous injuries. The complaint was filed against the Tractor driver for rash and negligent driving.

3. The appellant filed claim petition before the Motor Accident Claims Tribunal, Bho

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