VITTHAL SHANKAR NANAWARE Vs. JITENDRA SHIVAJI AMBEKAR

JUDGEMENT

(1.) By consent of both parties, First Appeal is taken up for final hearing at the stage of admission.

(2.) This appeal has been filed to challenge the legality and validity of the judgment and order dtd. 5/5/2012 passed by the Motor Accident Claims Tribunal, Baramati under Sec. 163A of the Motor Vehicle Act, 1988 (for short "the said Act") dismissing Claim Application No.117 of 2009 filed by the appellants. The appellants have filed the original application under Sec. 163A of the said Act for grant of compensation of Rs.4,68,500.00. By the impugned judgment, the learned trial court held that the application was not tenable under Sec. 163A of the said Act.

(3.) Appellants (original- applicants) are legal heirs of deceased Kailas Vithal Nanaware who met with an unfortunate accident while driving Indica Car bearing registration No. MH-12-DG-3426 on 10/3/2009, while he was on his way from Pune to Solapur at Pune Solapur highway. Deceased was 30 years old on the date of the accident. It has been brought on record before the trial court that deceased was receiving salary of Rs.6,000.00 per month as he was working as driver with City Trupati Travels, Pune and in addition thereto had an annual agricultural income of Rs.1,00,000.00, hence his salary was computed as Rs.1,72,000.00 per annum. Claim of appellant was for total compensation of Rs.4,68,500.00 before the trial court. Before the trial court original applicants did not file any other claim. Mr.Kadam, learned counsel for appellants submits that appellants had lodged their claim under Sec. 163A of the said Act before the trial court. Issue framed by the trial court relating to compensation was as under :