USHAKIRAN SHRIDHAR SHINDE Vs. ARUNKUMAR KISANLAL KALAL

JUDGEMENT

(1.) HEARD Counsel for the appellants and respondents No. 3 - Insurance Company. Nobody appeared for the respondent Nos. 1 and 2, even though served.

(2.) APPELLANTS were the claimants before the Motor Accidents Claim Tribunal, Dhule. They filed claim petition claiming compensation of Rs. 10,00,000/- from the opponents, who were the driver of the Matador, the owner of the vehicle and the insurance company. The claim arose out of the accident caused to Shridhar G. Shinde - the husband of the appellant No. 1, who was medical officer posted in General Hospital at Dhule. The incident took place on 3. 11. 1987 at 7. 45 a. m. that he was going on his Awanti Moped. According to the claimant, the accident took place because of the rash and negligent driving of the Matador by the respondent No. 2. Dr. Shinde received fatal injuries and died within 4 days.

(3.) MACT dismissed claim petition on the ground that the opponent driver was not negligent but the deceased himself was negligent in driving the vehicle, and therefore this appeal. Counsel for the appellants pointed out that the entire approach of the MACT in coming to the conclusion about the guilt of the deceased was wrong and contrary to the facts and circumstances on record. My attention, in particular, was drawn to the written statement and different stand taken by the driver of the Matador who had earlier filed his written statement and has given a go-by to the said written statement and given oral evidence which was inconsistent with the same. Counsel for the appellants pointed out that these contradictions were sufficient to come to the conclusion that the driver was responsible for the accident.