LAWS(BOM)-2020-5-132

TRANSPORT MANAGER Vs. RAJENDRA VISANJI THAKKAR

Decided On May 19, 2020
TRANSPORT MANAGER Appellant
V/S
Rajendra Visanji Thakkar Respondents

JUDGEMENT

(1.) By this First Appeal filed under Section 173 of the Motor Vehicles Act, 1988, the appellant (original opponent) has impugned the judgment and award dated 5th July, 2018 passed by the Motor Accident Claim Tribunal, Thane (hereinafter referred to as 'M.A.C.T., Thane' for short) in M.A.C.P. No. 284 of 2015 allowing part of the claim application filed by the respondents (original claimants) and directing the appellant to pay a sum of Rs.22,79,100/- to the respondents with interest @ 8% p.a. from the date of application. Some of the relevant facts for the purpose of deciding this First Appeal are as under:-

(2.) It was the case of the respondents that on 5th December, 2014 Master Dhruv Rajendra Thakkar who was son of the respondents and was 15 years of age was boarding T.M.T. bus bearing No. MH04-G-2885 in front of Dnyan Sarita High School at Bus Stop, Mulund (E), Mumbai, with proper care and caution. The conductor of the bus rang the bell without realizing the fact that the Master Dhruv Rajendra Thakkar was boarding the bus. The said bus started moving and the said Master Dhruv Rajendra Thakkar fell on the road and the rear wheel of the bus went over the legs of the Master Dhruv Rajendra Thakkar. The said Master Dhruv Rajendra Thakkar was shifted to Jupiter Hospital for specialized treatment. He was an indoor patient from 9th February, 2015 to 13th February, 2015. He however unfortunately died on 13th February, 2015 on account of the injuries sustained in the said accident (hereinafter referred to as 'the said deceased' for short).

(3.) It was the case of the respondents that the said deceased was a brilliant student and was taking education in 10th standard in Nav Bharat Nutan Vidyalay. He also use to do part time job. The respondents filed a claim application before the M.A.C.T., Thane inter-alia praying for compensation against the appellant. The said claim was resisted by the appellant by filing written statement. The Tribunal framed four issues for determination. The respondent no.1 entered the witness box. The respondents also examined Mr. Mahesh Patil (C.W.2) to prove the admission of the said deceased at Jupiter Hospital and expenses incurred thereon. The respondents also examined Sushama Ojha (C.W.3) to prove the proof of the hospital bills. The appellant examined Ravindra Vekhande (D.W.1), who was on the wheel of the offending vehicle at the relevant time and Mr. Jaysingh Kamble (D.W.2), who was the conductor of the said bus at the relevant time. The witnesses examined by the respondents produced various documents including true copies of the FIR, statement of informant Kamlesh Jain who was an eye witness, spot panchanama, post-martem report and death certificate of the said deceased before the Tribunal.