STATE OF MAHARASHTRA Vs. SURESH

JUDGEMENT

(1.) Heard learned Assistant Government Pleader Mr. M.A. Kadu on behalf of appellant and learned Counsel Mr. S.D. Malke representing respondent Nos. 3 and 4. Nobody appeared on behalf of respondent Nos. 1 and 2. The present appeal is against the judgment and award passed by the Motor Accident Claims Tribunal, Nagpur in Claim Petition No. 214/1994 on 21st October, 2003 whereby the learned Tribunal allowed the petition and directed to pay the total compensation of Rs. 1,88,600 to the claimants along with interest at the rate of 12% per annum from the date of the petition, till the amount is fully satisfied.

(2.) The facts, which are not in dispute are that victim Sanjay Suresh Shahu aged about 19 years, who was employed as a mechanical-cum-helper in Arvind Auto Works-respondent No. 3 for monthly salary of Rs. 1200 and he had unfortunately died in motor vehicle accident on 15th September, 1993 at about 5.45 p.m. when Nilkanth Suryawanshi-respondent No. 4 drove motor vehicle belonging to the appellant on the pretext of text drive from the garage of respondent No. 3 and the deceased unfortunately came under the front wheel and died, as a result of the accident caused by truck bearing registration No. MTG-9200. The claimants filed claim petition under Section 166 of the Motor Vehicles Act, praying for the award against the respondents.

(3.) The Tribunal awarded compensation in the sum of Rs. 1,88,600 which according to the learned Assistant Government Pleader ought not to have been awarded, as according to him, in any event it is excessive amount of compensation and the claim awarded was sans legal evidence.