CHAMRYA @ SAMARYA NOBLYA VASAVE Vs. PIRESINGH BHIMSINGH PADAVI

JUDGEMENT

(1.) Heard both sides. With consent of learned Counsel for the parties, heard finally at the stage of admission. Admit.

(2.) The present appeal challenges the extent of the compensation granted to the appellants/original claimants in a petition under section 166 of the Motor Vehicles Act.

(3.) Since there is no cross-objection or counter-appeal from the side of the respondents, there is no need to go into the details of the actual occurrence of the accident. The record, however, would show that while the driver of respondent No. 1-Piresingh Bhimsing Padavi was driving tractor bearing Registration No. MH-36/D-9213 on the date of the accident, due to his rash and negligent driving, the tractor entered a pendal wherein the marriage was to be solemnized. Deceased Dharasing Chamarya alias Samarya Vasave, the son of the present appellants was sleeping in the pendal alongwith other members of the musical band party. Due to entry of the tractor in the pendal, the deceased was injured and met with accidental death.