SUVARNA W/O AVINASH KOKARE Vs. CHOUGULE INDUSTRIES

JUDGEMENT

(1.) This appeal is filed against the judgment and award dated 07.10.2017 passed by IX Addl. District and Sessions Judge and Addl. M.A.C.T., Belagavi (hereinafter referred to as 'the Tribunal', for short), in M.V.C. No.2038/2015.

(2.) Briefly stated the facts are that on 11.08.2015 at about 4.30 p.m., one Avinash Dattatray @ Datta Kokare who was the husband of claimant No.1, father of claimants No.2 and 3 and son of claimant No.4 was riding his motorcycle bearing registration No.MH-10/AV-9428 along with pillion rider. At that time, a car bearing registration No.MH-10/E-9454 driven in a rash and negligent manner and suddenly and abruptly stopped the car by applying break and as a result, rider of the motorcycle dashed to the hind portion of the car and he fell on the road. At that time, a bus belonging to MSRTC bearing registration No.MH-12/EF-6159 came in a high speed and ran over the rider of the motorcycle and he died on the spot. The claimants spent Rs.50,000/- towards funeral expenses and transportation of dead body etc. The deceased was aged 27 years. He was earning Rs.800/- per day by doing fabrication work. The entire family was depending on him. Therefore, the claimants filed claim petition seeking compensation.

(3.) After service of notice, all the respondents appeared and filed separate statement of objections resisting the petition.