VITHAL BABAN LAHORE Vs. SAYEED MOHIYODDIN

JUDGEMENT

(1.) HEARD finally.

(2.) '' In an unfortunate accident, Babanrao Lahore and his wife Smt. Sagarbai succumbed to the injuries caused due to the accident by a truck owned by original respondent No.1 being truck No.MH-21/D-8256, and motor cycle driven by deceased Babanrao. The velocity in excessive speed of the truck was such high that Sagarbai expired on the spot. Her body was thrown away while the body of Babanrao was dragged by the truck beneath the tyres for at least 2 k.m. and all his vital body parts were crushed and squeezed, indicated in the panchanama at Ex. 20 and the autopsy report at Ex. 21. By now, there should not be any controversy about accident dated 8th April, 2007. Both Babanrao and his wife Sagarbai had untimely death.

(3.) '' The learned judge on evaluating the evidence, found that the claimants - the children of deceased Babanrao and his wife Sagarbai, are quite grown up. There is no dependency to them and the learned judge had consequently calculated notional loss of annual Rs.1,000/-, treated the multiplier of 13 in the light of age of Babanrao and recorded that loss could be finally Rs.13,000/-. The learned judge added to it Rs.9,500/- as the funeral expenses and towards mental agony.