SHOBHA Vs. GANI RASUL SHAIKH

JUDGEMENT

(1.) This appeal is filed by the claimants challenging the judgment and award dated 12.07.2012 passed by the Motor Accident Claims Tribunal No.V Bijapur in MVC.No.1578/2009, whereby the Tribunal has rejected the claim petition filed by the claimants under Section 163A of M.V. Act.

(2.) The brief facts of the case are that, on 14.08.2009 the Shantaram was driving a Tempo bearing Reg.No.MH-04-C-9028, while he was proceeding near Pune in Hinjawadi at 04.00 a.m. the said vehicle met with an accident thereby he sustained injuries and died. The Hinjawadi Police have registered the case in Crime.No.134/2009. The claimants are the wife and children of the deceased have filed the claim petition in MVC.No.1578/2009 for compensation of Rs.11,00,000/-.

(3.) To establish their case they have examined one witness Smt.Shobha, wife of the deceased as PW.1 and marked the documents at Exs.P.1 to 6. On the other hand the Insurance Company examined one witness as RW.1 and marked copy of the Insurance Policy as Ex.R.1.