BHARATIBEN JAGDISH MEHTA Vs. SHIVKUMAR D. JAISWAL

JUDGEMENT

(1.) By consent of the parties, the appeal is heard finally at the stage of admission since it involves a very limited issue.

(2.) The appellants are the claimants, who were awarded compensation on the death of one Jagdish Mehta in a motor vehicle accident on 1/11/2019. A claim petition being filed before the MACT, Mumbai, vide Claim Petition No.241 of 2010, the Tribunal held in favour of the claimants that the deceased has succumbed to the accident, which took place on the Western Express Highway, Borivali (E), Mumbai, and the accident was because of rash and negligent driving of the offending vehicle i.e. four clip Hydra crane bearing registration No.MH-04-B5586, which is insured with the insurance company.

(3.) Answering that the accident was on account of rash and negligent driving of the offending vehicle, the Tribunal determined the compensation payable to the claimants and though a claim was staked by the claimants for Rs.1,50,00,000.00, the Tribunal held that the opposite party and the insurer shall jointly and severally pay compensation of Rs.19,72,200.00 inclusive of no fault liability amount along with interest at 7.5% per annum from the date of filing of the petition till realization of entire amount awarded, within a period of four weeks. Learned Tribunal has also decided the apportionment of the claim of compensation.