DAMODAR VOLVOIKAR Vs. WEST COAST MARKETING

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The aged parents of Gajanan, who was crushed in a road accident on 9/9/2008, appeal against the judgment and award dtd. 19/5/2012, by which the tribunal has awarded them a meager compensation of only 1,10,000/-. Rs.

(3.) There is ample evidence on record that on 9/9/2008, the deceased Gajanan was riding his motorcycle and he had taken care to wear a helmet. Evidence also bears out that a pickup bearing no.GA-01-W-6766, traveling ahead of the motorcycle, suddenly stopped, thereby forcing the deceased to negotiate and avoid the dash. But despite efforts, he dashed and fell on the road. The minibus bearing no.GA-08-U-2504 coming from the opposite direction crushed him causing his death at the spot. The driver of the minibus tried to flee but was stopped by the public. The evidence on record establishes this by the standard of preponderance of probabilities. The Appellants examined two eyewitnesses who deposed to the accident and the consequent negligence of the drivers of the pic up and the minibus.