VANDANA SHEDGE Vs. NARAYAN DINKAR JADHAV

JUDGEMENT

(1.) This appeal by the original claimants is directed against the judgment and order dated 13 July 1993 passed by the Motor Accident Claims Tribunal (for short "the Tribunal") partially rejecting the appellant's claim for compensation.

(2.) Appellant No. 1 is the widow and appellant Nos. 2 to 4 are the minor children aged 1 month to 6 years of the deceased Hanumant. On 31 October 1990, Hanumant was sitting as a pillion rider on a "M-80 motorcycle" bearing registration No. MH-11-6099 travelling on Pune Bangalore highway. At about 1.40 p.m near village Virmade, Taluka Wai, a State Transport Bus (ST bus) belonging to respondent No. 2 coming from the opposite direction, gave a dash to the motorcycle. The driver of the motorcycle as well as Hanumant who was the pillion rider died on the spot due to the collision. Appellants thereafter filed a claim petition before the Tribunal. Heirs of the deceased as well as the owner-driver of the motorcycle filed a separate claim petition claiming compensation. The Tribunal after considering the evidence adduced before it came to the conclusion that the driver of the ST bus was driving it rashly and negligently and at a high speed. However, it also came to the conclusion that the owner-driver of the motorcycle was also negligent in driving it and his negligence also contributed to the accident. The Tribunal assessed the negligence of the two drivers to be 50% each and after calculating the total loss on the basis of income and the multiplier held that the respondent No. 2 was liable to pay only 50% of the amount so computed. As no claim for compensation was made against the driver of the motorcycle and its insurance company, no compensation was awarded against the owner of the motorcycle.

(3.) After hearing arguments of the parties, the questions that arises for my consideration are: