PURVATI BAI Vs. BHAGAWAT RAMBHAU SHELKE

JUDGEMENT

(1.) THIS first appeal is directed against the award dated 12. 2. 1998 passed by the ex officio Member of the motor Accidents Claims Tribunal, Latur in Motor Accident Claim Petition No. 15 of 1985.

(2.) IN brief, facts giving rise to this first appeal are as under: the appellant No. 1 Parvati Bai is the mother of deceased Nandkishor. Appellant no. 2 Vijaykumar and appellant No. 4 sunil are the brothers of deceased Nandkishor. Appellant No. 3 Maya is the sister of deceased Nandkishor. The incident occurred on 21. 11. 1984 on Nanded-Latur road. The tractor with a trolley bearing nos. 9855 and 7578 respectively was passing by the Nanded-Latur road. The time was 6. 30 p. m. The tractor was going towards Nanded side. The motorcyclist came from Nanded side and was proceeding towards Ahmedpur. The trolley was carrying passengers about 25 in number. The driver of the tractor drove the vehicle at a high speed while the motorcyclist was keeping the moderate speed. The tractor did not give side and ultimately, the motorcyclist received dash of tractor. Nandkishor died on the spot.

(3.) NANDKISHOR was serving as a clerk in girls' School at Udgir and was getting rs. 750 p. m. He was contributing Rs. 400 for education of his elder brother Vijaykumar and Rs. 300 for meeting the house rent. The claimants filed claim petition under section 110-A of the Motor Vehicles act, 1939 for grant of compensation.