SHADAKSHARI Vs. BHARATVITHAL LENDAVE

JUDGEMENT

(1.) The claimants filed the present appeal for enhancement against the judgment and award dated 15.12.2016 made in MVC No1537/2013 on the file of MACT-VII, Vijayapura awarding compensation of Rs.10,59,967.00 with interest @ 6% per annum.

(2.) The appellant-claimants are the parents, wife and children filed the claim petition under Sec. 166 of the Motor Vehicles Act, claiming compensation of Rs.30,00,000.00 on account of accident occurred on 10.06.2013 contending that the deceased was driver in the Pick-up vehicle bearing No.MH-13/AN-2140 was travelling in the said vehicle going towards Solapur side. When the said vehicle was near Begumpur village, at that time a Truck bearing No.MH-13/R-3553 came from opposite side in a high speed and in a rash and negligent manner the driver being unable to control it, dashed to the said Pick-up vehicle and caused accident. Because of the said accident, the deceased has sustained grievous injuries and died in the hospital. Claimants have spent about Rs.2,00,000.00 towards medical expenses. Before the accident, the deceased was working under Ajay Rooplal Somani, who was dealing in Jal Tin. In this enterprises, the deceased was working as Manager-cum-Driver and getting salary of Rs.15,000.00 per month. Due to the said accident, the claimants have lost sole earning member of the family. Therefore, they filed claim petition for compensation as prayed for.

(3.) In response to the summons issued by the Tribunal, respondent Nos.1 and 2 appeared through their counsel, but the 1st respondent has not filed any statement, only the 2nd respondent filed statement of objections and contended that they disputed the relationship between the deceased and the claimants and alleged accident as stated in the petition and a compensation amount claimed with 18% annual interest is totally baseless, exorbitant. It is further denied that the liability of the respondent is subject to legality of the RC, permit of the vehicle and driving licence of the deceased. Hence, sought for dismissal of petition.