BHAKTAPRAHLAD Vs. NIRWANI

JUDGEMENT

(1.) THE appellants have filed this appeal challenging the legality and correctness of the dismissal of their claim petition by the M.A.C.T., Bijapur, dated 31.8.2006 passed in M.V.C. No. 57 of 2001.

(2.) THE appellants lodged the claim petition claiming compensation on account of the death of their only son by name Dr. Anand, who died on 7.11.2000 on account of his motor cycle hitting the parked lorry on Bijapur-Solapur National Highway 13 near Banjara Nagar Cross, Bijapur. According to them, they are doctors. THEy are from Khandwa, Madhya Pradesh, and have a nursing home known as 'Mishra Hospital' and employed about 70 workers in the nursing home. THEir only son Dr. Anand was studying in B.L.D.E. Medical College & Hospital, Bijapur and was aged 23 years and was about to complete his houseman- ship and they were eagerly awaiting to receive their son as a doctor to assist them in their hospital at Khandwa. On 7.11.2000, the deceased Anand was riding the motor cycle bearing registration No. KA 28-J 3948 and one of his college mates Jonah was his pillion rider. When they were near Banjara Nagar Cross, Bijapur on NH 13, on account of negligence of the driver of truck bearing No. KA 23-3607 in parking in middle of the road without switching on the parking lights, the deceased Anand dashed against the truck, which resulted in his death. According to the claimants, the deceased could have earned Rs. 2,00,000 per month and the dead body was taken to their native place and they have spent huge sum for last rituals. On these grounds, the claim application was lodged.

(3.) THE trial court based on the above pleadings formulated the following issues for its consideration: