LAXMAN GANGARAM MEHAR Vs. KULWANTSINGH HARNEKSINGH SARDAR

JUDGEMENT

(1.) This Appeal is directed against the Judgment and Order dated 5th May, 1994 passed by the Member, Motor Accidents Claims Tribunal, Nashik, (for short "the Tribunal") partly rejecting the claim of the appellants for compensation.

(2.) Anilkumar Meher (hereinafter referred as "the deceased") died in a vehicular accident on 21st March, 1992. The original appellant No. 1 is his father, the appellant No. 2 is his mother and the appellant Nos. 4 and 3 are his brother and sister respectively. They have again been brought on record as heirs of the appellant No. 1, who died during the pendency of this appeal. The respondent No. 1 is the driver of the offending vehicle, the respondent No. 2 is the owner of the offending vehicle (truck) and the respondent No. 3 is the Insurance Company.

(3.) On 21st March, 1992 the deceased along with his friend Lahanu Kandalkar (PW2) was walking on foot towards ST Bus stand of Pimpalgaon on Bombay Agra Road. Both of them were walking at the left edge of the road. Lahanu was on the left and the deceased was on the right side of Lahanu. At that time one truck, bearing Registration No. MWV-8685, belonging to respondent No. 2 and driven by respondent No. 1 came from behind and hit the deceased as well as to his friend Lahanu. Both of them fell on road and sustained injuries and were taken to a government dispensary/ hospital at Pimpalgaon Baswant. On examination, the doctor declared that the deceased was brought dead. His friend Lahanu was given treatment as an indoor patient. The police came and recorded his statement in the hospital. In his statement Lahanu narrated how the accident had occurred and how the truck came from behind and gave dash to them while they were walking on the left side of the road.