JANNATABI Vs. BHARATI

JUDGEMENT

(1.) These appeals are filed under Section 173 of Motor Vehicles Act, 1988 (for short, M.V. Act ) by the claimant challenging judgment and award dated 29 .02.2012 passed by the Presiding Officer , Fast Track Court in M.V.C.Nos. 888/2007 and 889/2007.

(2.) Though these appeals are listed for admission, with the consent of the parties, appeals are taken up for disposal. The parties shall be referred to as per their ranking before the Tribunal, for the sake of convenience.

(3.) Brief facts as stated, leading to these appeals are that on 16 .12.2005 Allabax Sheikh and his wife Jannatabi were proceeding from Kagwad towards Mangasuli on the motorcycle bearing registration No. KA- 23/L 8435 on Kagwad-Athani road. At about 8:15 p.m., a tractor-trailer bearing registration No.KA-22-K-2038/2039 going in-front of the motorcycle stopped suddenly without giving any signal, as a result, the motorcycle dashed against the tractor-trailor causing the accident. In the accident both Allabax and Jannatabi sustained grievous in juries. They were admitted to Govt. Hospital for Kagwad and therea fter to Wanless Hospital, Mira j for treatment. Despite taking treatment as inpatient for 74 days spending huge amount of money, Allabax died on 27.06.2006. As on the date of death, he was 53 years of age and was running tea stall/ice cream factory earning Rs. 10,000/- per month and also Rs. 2,00 ,000/- p.a. from agriculture . Claiming compensation for loss of dependency, his wife and sons filed claim petition under Section 166 of M.V. Act against the owner and insurer of offending tractor-trailor . The same was registered as MVC No.889/2007 .