KU. SEEMA Vs. M. JALPATHRAO

JUDGEMENT

(1.) Both these appeals are being decided by this common judgment, since they are arising from judgments and awards passed in Motor Accident Claim Petitions (Petitions) arising from one and the same accident.

(2.) First Appeal No. 50 of 2007 has been preferred for enhancement of compensation granted by the Tribunal in M.A.C.P. No.493 of 2000, granting compensation of Rs.40,000.00 (Rupees Fourty Thousand) with interest at the rate 6% per annum, while the First Appeal No. 101 of 2007 has been preferred against the judgment and award, dismissing the M.A.C.P. No.387 of 2000. Both the petitions were filed for compensation on account of injuries and disability suffered in vehicular accident.

(3.) The facts giving rise to the present appeals are as under: One Laxman Waghmare, along with his wife - Rajabai and three minor children (Ravi, Seema and Avinash), had boarded a truck bearing registration No.AEO-2555 for village Nanda from Bhokar on 2/5/2000. It is the case of the appellants herein that they were carrying one quintal Jawar and one quintal Wheat. The truck driver charged them Rs.75.00 towards fare for carrying them along with their goods. The truck met with the accident on the way. As a result thereof, minor son Ravi died. Seema and Rajabai suffered multiple injuries. Seema, through her father Laxman, the next friend of Seema, and Rajabai, preferred two separate claim petitions for compensation. The Tribunal dismissed the claim petition of Rajabai. Seema was granted compensation of Rs.40,000.00.