The court upheld the Tribunal's finding of negligence against the bus driver and granted enhanced compensation based on the claimant's 100% disability, totaling Rs.40,35,360.

JUDGMENT :

SHIVKUMAR DIGE, J.

1. The appellant-Insurance Company has preferred appeal against the judgment and order passed by the Motor Accident Claims Tribunal, Mumbai, (for short “the Tribunal”). The claimant has also preferred appeal for enhancement. As both appeals are against the same judgment and order, I am deciding them by this common judgment.

2. It is contention of learned counsel for the Insurance Company that the accident occurred due to sole negligence of the claimant as he gave dash to the offending bus, when the offending bus was taking right turn. The driver of the offending bus examined himself to prove the negligence of the claimant and he has stated that the accident occurred due to negligence of the claimant. The sketch map at Exhibit-64 produced on record shows how the accident occurred, but this fact is not considered by the Tribunal. Learned counsel further submitted that the Tribunal has awarded compensation towards medical expenses and attendant charges on higher side , hence, requested to allow the appeal.

3. It is contention of learned counsel for claimant that before the Tribunal the Insurance Company claimed that the offending bus was stationed on road, it was not moving and the claimant dashed it. Learned counsel further submitted that PW3 is the wife of the driver, she has not witnessed the accident Learned counsel further submitted that the FIR was lodged against the driver of the offending bus. Charge-sheet is filed against him. Due to accidental injuries, the claimant has become paraplegic. The Tribunal has awarded compensation on lower side. Hence, requested to allow the appeal filed by the claimant and dismiss the appeal filed by the Insurance Company.

4. I have heard both learned counsel, perused the judgment and order passed by the Tribunal.

5. It is claimant’s case that on 4^th July 2016 at about 9.10 am. the claimant was riding his motorcycle and proceeding towards his office at Borivali, when he reached at Pramila Nagar Junction, Dahisar, one mini bus took a sharp turn towards the right side without noticing the oncoming vehicle, without giving any signal or indicator and dashed against the motorcycle of the claimant. As a result, the claimant fell down from his motorcycle and sustained serious injuries. He sustained undisplaced fractures to C1, C2, vertebra, linear undisplaced fracture to C5, linear displaced fracture to C6 vertebra, comminuted fracture to C7 veterbra, undisplaced fracture to D1, D2 vertebra, fracture right tibia, lacerated wounds over right knee and mid frontal scalp and other injuries. The FIR was registered against the driver of the offending bus.

6. To prove the negligence of the driver of the offending bus, the claimant has examined himself at Exhibit-17. He has stated that the accident occurred due to sole negligence of the offending bus driver. The said bus took right turn without giving any indicator. He further stated that at the time of the accident, the bus was in high and excessive speed and took sharp turn on right without looking for oncoming vehicles and dashed against his motorcycle. Due to the dash, he fell on ground and sustained injuries. In cross-examination, this witness denied the suggestion that his motorcycle was in very fast speed and in fast motion and gave dash to the offending bus. This witness denied the