BALABHIM Vs. MAHADEV BAPURAO CHAVARE

JUDGEMENT

(1.) This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (herein after referred to as ' the Act') is filed by the claimants aggrieved by the judgment and award dated 03.01.2015 passed by the Principal Senior Civil Judge & MACT No.V, Vijayapur (hereinafter referred to as 'the Tribunal') in MVC No.1021/2013.

(2.) Brief facts leading upto filing of present appeal are that, on 10.05.2013 at about 8.00 p.m., deceased Ajay with one Nandakumar as pillion rider was riding a motorcycle bearing Reg.No.MH-13/BJ1599 belonging to respondent No.4 on Chevare to Yewati road, near Penur village. At that time, the driver of Mahindra Bolero Pickup Jeep bearing Reg.No.MH13/AN-7118 (hereinafter referred to as Jeep ) came from opposite side i.e., Penur to Taamdaag Wasti in a rash and negligent manner with its headlight on, due to which the deceased Ajay could not see the road clearly resulting in he dashing the Tractor which had been parked by the side of the road. The said accident resulted in death of the deceased Ajay and injuries to Nandakumar.

(3.) Thereupon, the claimants being parents of the deceased Ajay filed petition under Section 166 of the Act seeking compensation of Rs.30 lakh on the ground that the deceased Ajay was studying in 11th standard and was also working part time as Supplier in a Hotel and Dhaba thereby earning Rs.15,000/- per month and was contributing the same for the family maintenance. The untimely death of the deceased has caused distress and hardship to the claimants. That the respondents being the owners and insurers of motorcycle, Jeep and Tractor, respectively involved in the accident were jointly and severally liable to pay the compensation.