Shri. Mukund Vilas Chougule vs Shri. Sahebrao Rajaram More & Anr.

This appeal is preferred by the Appellant-Claimant against the dismissal of Claim Petition.

It is contention of learned counsel for the Appellant-^{2025:BHC-KOL:4616} claimant that the learned Member, Motor Accident Claims Tribunal, Solapur (for short “the Tribunal") has dismissed the claim Petition of the claimant on the ground that at the time of accident, the claimant was under the influence of liquor. Due to accident, the claimant has sufferred 50% permanent partial disability. Learned counsel further submitted that there is no evidence produced on record to prove that at the time of accident, the claimant was under the infleunce of liquor, but only on the basis of emergency case record, the Tribunal wrongly come to conclusion that at the time of accident, the claimant was under the influence of liquor and dismissed the claim petition which is erroneous. The driver of tractor admitted that he was not having license to drive the said vehicle. Hence, requested to allow the appeal. He relied on Judgment of the Hon’ble Apex Court in Bachubhai Hassanalli Karyani Versus State of Maharashtra^{11.1971(3) SCC 930}.

It is contention of learned counsel for Respondent-owner of the offending vehicle that accident occurred due to sole negligence of the claimant as he gave dash to the offending vehicle. He was under influence of liquor, hence, he could not control the speed of vehicle. The Tribunal has passed well reasoned order. No interference is^{2025:BHC-KOL:4616} required in it and requested to dismiss the claim Petition.

I have heard both learned counsels. Perused the impugned Judgment and order passed by the Tribunal. It is claimant’s case that on 18^th January, 2016 around 9:30 to 10:00 p.m. the claimant was riding his motorcycle, at that time, the offending tractor came from opposite direction and gave dash to his motorcycle. Due to said dash, the claimant suffered grievous injuries. He was admitted in the hospital. The offence was registered against the driver of tractor. To prove his case, the driver of tractor examined himself. He has stated that the accident occurred due to negligence of the claimant, at the time of accident he was under influence of liquor and he gave dash on the backside of trolley of tractor. In cross examination, he admitted that other tractor was going in front of his tractor. After the accident, he did not help the claimant to take him to hospital nor informed the police. While dismissing the claim Petition, the Tribunal has observed that at the time of accident, the claimant was not wearing helmet and as per Exhibit-85, he was under influence of the liquor. The accident occurred due to negligence of the claimant. On that ground, the Tribunal has dismissed the claim Petition. I am unable to understand observations of the Tribunal as no blood sample of the applicant was taken by the police or by the hospital to check^{2025:BHC-KOL:4616} that he was under influence of liquor at the time of accident. Mere tick marking, the column that the applicant was under influence of liquor cannot prove that he was under the influence of liquor unless evidence is produced on record in that regard, offence is registered against the driver of the tractor. But these facts are not considered by the Tribunal. After the accident, the applicant was admitted in the hospital for couple of days. To prove his disability, he has examined DW-3, Dr. Sharad Patil. He has stated that the claimant was admitted in hospital and he has suffered 50% partial disability. Considering these facts, I am awarding lump-sum amount of Rs.2,50,000/- as compensation without any interest.

In view of above, I pass following order :

ORDER

The appeal is disposed off in the aforesaid terms.

All pending applications, if any also stand disposed off.