LAWS(BOM)-2022-8-210

INDRAKUMARI Vs. RANGASAMY R.

Decided On August 02, 2022
Indrakumari Appellant
V/S
Rangasamy R. Respondents

JUDGEMENT

(1.) Heard learned Counsel for Appellants and learned Counsel for respondent No.2.

(2.) Challenge in this appeal is to the judgment and award passed by the Member, Motor Accident Claims Tribunal, Ahmednagar (for short 'the Tribunal') in M.A.C.P. No. 4 of 2016 to the extent of enhancement of compensation amount.

(3.) Brief facts of the case are as under :- On 16/9/2015 at about 01:00 p.m. deceased Amar Bahadur Thapa was driving Honda Pleasure Scooter bearing registration No. MH-12-DN-5526 from Solapur side towards Ahmednagar side by Ahmednagar-Solapur Highway. When he reached in front of Surya computer near Wakodi Phata, one truck bearing registration No. TN-67-AF-2804 (for short 'ofending truck') came from backside and gave forceful dash to the scooter of deceased by which deceased fell down on road and sustained serious injuries and died on the spot. The crime against driver of ofending truck was registered vide C.R.No. I-125 of 2015 under Sec. 304-A, 279, 337 and 338 of Indian Penal Code (for short 'IPC') and Sec. 184, 134(A)(B)/177 of the Motor Vehicles Act (for short 'M.V. Act'). Appellants fled Claim Petition before the Tribunal for getting compensation.