SHIVMALA CHANDRASHEKHAR SHETE Vs. FAKIRA BIRUJI PATIL

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 24-11-1998 passed by Motor Accident Claims Tribunal, Yavatmal in M.A.C. No. 38/92, whereby the tribunal awarded compensation in the sum of Rs. 3,21,000/- inclusive of No Fault Liability claim on account of death of one Chandrashekhar Shete caused in motor vehicular accident occurred on 17-9-1991 involving motorcycle and a truck. The deceased, with a pillion rider, was proceeding on his motorcycle from village Ladkhed to Yavatmal. The truck owned by respondent No. 1 and driven by respondent No. 2 while coming from opposite direction dashed against the motorcycle. This resulted in instantaneous death of Chandrashekhar. He left behind him a widow and two minor children aged five and one year respectively. The deceased was serving as Assistant Field Officer with Maharashtra State Seeds Corporation Ltd., Yavatmal and was drawing total emoluments of Rs. 3230/-. The appellants claimed compensation of Rs. 12,00,000/- on account of loss of dependency.

(2.) The respondent Nos. 1 and 2 resisted the petition by filing reply at Exh.17. It was their case that the truck was proceeding in a slow speed. He was the deceased, who got confused after seeing that the truck was approaching from the opposite side and dashed his motorcycle against the truck. According to them, the accident occurred due to sole negligence of the deceased. The respondent No. 3-Insurer of the truck admitted that the insurance policy was in operation. However, the contention that the appellants are entitled to claim compensation of Rs. 12,00,000/- was refuted.

(3.) The learned tribunal framed issues and after discussing the evidence, oral as well as documentary, in great detail held that the driver of the truck as well as the deceased were negligent while driving their respective vehicles. The tribunal then proceeded to apportion the negligence in the ratio of 60:40%. That means the deceased was held responsible to the extent of 40%. On the point of quantum of compensation, the tribunal assumed that there was total loss of dependency of Rs. 5,10,000/-. After deducting the amount' towards personal expenses of the deceased and after further deducting 40% of the sum, arrived at a figure of Rs. 3,21,000/-, which is inclusive of compensation under other usual heads.