SHRIKANT Vs. DEVANAND

JUDGEMENT

(1.) Heard. Admit. Matter is taken up for final hearing at the stage of admission itself with consent of learned counsel for both the parties.

(2.) This is claimants' appeal under Sec. 173 of the Motor Vehicles Act, 1988 ("MV Act") assailing the award dtd. 17/11/2016 passed by the Member, Motor Accident Claims Tribunal - 1, Nagpur in Claim Petition No. 485/2011. In the said award, the Tribunal in a death case, fastened the liability of payment of compensation upon respondent No. 2, the registered owner of the offending vehicle, and directed him to pay Rs.4,57,000.00 to the appellants, including Rs.50,000.00 towards no fault liability along with interest @ 7.5% per annum from 06/06/2011 till payment of the entire amount. The challenge in the appeal is only with regard to enhancement of the compensation and seeking direction for 'pay and recover' to the Insurance Company.

(3.) The appellants/ original claimants are the parents of the deceased Shruti, aged around 20 years, who met with an unfortunate accident on 30/04/2011, while she was travelling in a vehicle - Mahindra Max Jeep bearing No. MH-40-9219 from Kondhali towards Nagpur. The cause of the accident is stated to be the rash and negligent driving of the driver of the Jeep, as a result of which he lost control over the same and gave dash to the divider on the road, due to which the Jeep turned turtle and collided with another Truck which was coming from the opposite direction. It is stated that the deceased Shruti, who was the occupant in the said Jeep, sustained injuries and died on the spot.