BISHANSING THAKURSING Vs. NASIRA KADAR SHAIKH

JUDGEMENT

(1.) THE First Appeal Nos. 153 and 156 of 1984 can be disposed of by the common judgment as this relates to the accident which took place on 14. 4. 1978. The facts involved in these appeals are very short and they can be stated in brief: an Ambassador car bearing registration no. MRH 9829 belonging to the Maharashtra Industrial Development Corporation was coming from Nanded to Aurangabad. The said car was being driven by Kadar shaikh who was in the employment of m. I. D. C. The occupant of the car, namely, moreshwar Karmarkar and Govind Kulkarni, were also in service of M. I. D. C. as executive Engineer and Superintendent engineer respectively. The Ambassador car was proceeding towards Aurangabad from Nanded. A truck bearing registration No. MHT 5687 owned by the present appellant was being driven by the respondent No. 5, i. e. , Karnelsingh. The said truck was proceeding to Hyderabad from Bhavnagar. The accident took place on Nanded-Basmat-Aurangabad road near 426/600 kilometre stone. The place of accident is 25 km. from Nanded. It is the case of the claimants that the truck was being driven by Karnelsingh gave dash to the said car by which all the three occupants of the car received several serious injuries. Due to the said accident the injured, namely, the driver and the two occupants breathed their last. Moreshwar died on 6. 5. 1978. Govind kulkarni died on 17. 4. 1978 and Kadar shaikh died on 15. 4. 1978. It has come on record that at the time of death Karmarkar was of 42 years of age, Kulkarni was of 52 years and Kadar 36 years. Their monthly income by way of salary was Rs. 1,478, rs. 2,078 and Rs. 457. 30 respectively.

(2.) THE heirs and legal representatives of all the three deceased filed claim petitions under section 110-A of the Motor vehicles Act, before the Motor Accidents claims Tribunal, Nanded. All the claimants, i. e. , heirs of the deceased occupants of the car claimed following amount as compensation:

(3.) AFTER receipt of the applications, the learned Member of the Claims Tribunal issued notices/summons to the owner and driver of the truck who were respondent nos. 1 and 2 in all the applications. Respondent No. 3 is the insurance company with whom the truck was insured.