LATABEN DEVANAND PANDIT Vs. JADHAV R H

JUDGEMENT

(1.) THIS appeal preferred under Section 173 of the Motor Vehicles Act, 1988, arises from the judgment and award dated 06th September, 2001 passed by the Motor Accidents Claims Tribunal, Bharuch (hereinafter referred to as 'the Tribunal') in Motor Accident Claim Petition No. 1115 of 1993. The appellants are the claimants. The respondent no. 3 is the United India Insurance Company Ltd. , insurer of the offending tanker bearing Registration No. GRV-6804.

(2.) ON 17th November, 1993 at around 07-30 O'clock in the evening the deceased Devanand Pandit and three others were travelling in a Fiat Car bearing Registration No. GJ-6-A-3800 on the National Highway No. 8 from Daman to Vadodara. On the way, near Bharuch the said car collided with the above referred offending tanker. In the said road accident, the driver Devanand Pandit and another passenger lost their lives. The appellants, the heirs and legal representatives of the said Devanand Pandit, filed above referred Motor Accident Claim Petition No. 1115 of 1993 before the Tribunal for compensation in the sum of Rs. 50 lakhs.

(3.) THE claimants are the widow, minor child and mother of the deceased Devanand Pandit. According to the claimants, the deceased Devanand Pandit was 34 years of age. He was employed by the Life Insurance Corporation of India as a Development Officer for some years. His annual salary including the allowances and incentive bonus was Rs. 1,71,000/ -. Had the deceased survived, his income would have increased to Rs. 4 lakhs to Rs. 5 lakhs by the time he reached the age of superannuation. The opponent nos. 1 and 2, the driver and the owner of the offending tanker did not appear before the Tribunal nor did they contest the claim. The Insurance Company contested the claim.