BASAVARAJ Vs. MANAGING DIRECTOR, PUNE MAHANAGAR PARIVAHAN MAHAMA

JUDGEMENT

(1.) The appellants who are the parents of the deceased Kumari Soubhagya filed the present appeal for enhancement of compensation as against the impugned judgment and award dated 08.09.2014 made in MVC No.1009/2013 on the file of the Principal Senior Civil Judge and MACT-V, Bijapur, awarding compensation of Rs.6,88,000/- with interest at 8% per annum from the date of petition till the date of deposit.

(2.) It is the case of the claimants that on 07.03.2013 at about 10.30 a.m. the deceased Kumari Soubhagya was proceeding near Deccan bus stop. At that time, the driver of PMT bus bearing No.MH-12/CH3 4475 came from Shivaji nagar towards Jangali Maharaj road in a high speed, dashed to the deceased and caused the accident, resulted she sustained severe head injuries. Immediately, she was shifted to Sassoon Hospital, Poona for treatment. She died on account of the accidental injuries and the Doctors of the said hospital conducted postmortem. It is further contended that they have spent huge amount towards transportation, medical and funeral expenses. The deceased was aged about 25 years and has completed BCA and searching for a job. The claimants have suffered mental shock and agony. The respondent is owner cum insurer of the offending vehicle is liable to pay the compensation. Therefore, filed a claim petition for compensation as sought for.

(3.) The respondent in response to the notice issued by the Tribunal filed written statement denying the averments made in the claim petition. It also denied the age, income and occupation of the deceased and relationship of the claimants with the deceased. It further contended that the accident occurred in Maharashtra State and the Tribunal has no jurisdiction to try the same. It also contended that the driver of the bus was driving the same cautiously in normal speed and following traffic rules but the deceased came with running to hold the moving bus, lost control and fell on the ground and sustained injuries. Therefore, sought for dismissal of the claim petition.