MAHARASHTRA STATE ROAD TRANSPORT Vs. MANDA LAXMANRAO DESHMUKH

JUDGEMENT

(1.) THIS appeal is directed against the Award dated 30. 11. 1992 passed by the Motor Accident Claims Tribunal in Claim Petition No. 30 of 1990 granting compensation of Rs. 1,62,000/- with interest at the rate of 12% per annum from the date of the petition till realisation in favour of respondent/claimant Nos. 1 to 5.

(2.) BRIEF facts are as under : the accident occurred on 19. 10. 1989 at about 7-10 p. m. on Akot Akola road near Vallabhnagar. The deceased by name Laxmanrao Namdeorao deshmukh was travelling in the S. T. Bus bearing No. MWY 9729 and he was going to Akot. When the S. T. Bus reached near the spot of accident, the truck, bearing No. MTV 2682 came from the opposite direction and there was a head on collision between these two vehicles, as a result of which laxman and others succumbed to the injuries sustained by them in the accident. The respondent Nos. 1 to 5 are the legal representatives of the deceased. They had filed claim petition against the owner, driver and insurer of the truck as well as against the appellants, who are the owners of the S. T. bus involved in the accident.

(3.) THE Tribunal on considering the evidence recorded findings that the accident occurred due to rash and negligent driving of both the drivers of the vehicles involved in the accident. The Tribunal assessed the liability in the ratio of 50 : 50 and granted compensation accordingly holding them liable to pay the compensation jointly and severally. This Award is under challenge in this Appeal.