DEENBANDHU SINGH SHIVSARAN SINGH Vs. BHARAT TARACHAND BHAGLAT

JUDGEMENT

(1.) This appeal has been filed by parents of the deceased, who, died in motor vehicle accident on 2/5/1998.

(2.) Earlier the appellants had filed claim application under Sec. 166 of the Motor Vehicles Act, 1988 seeking a compensation of Rs.10,00,000.00. However, the Motor Accident Claims Tribunal, Mumbai (the "MACT, Mumbai") only partly allowed the claim holding that the appellants were entitled to recover and get Rs.2,00,000.00 inclusive of the No Fault Liability amount of Rs.50,000.00 together with interest @ 7.5% p.a from November, 2003 till realization. Aggrieved by the same this appeal has been preferred under Sec. 173 of the Motor Vehicles Act, 1988 ( the " MV Act ").

(3.) The brief facts are that the son of the appellants, who was studying M.B.A course at Lonir, Dist. Ahmednagar and had completed first year of M.B.A. course, on 2/5/1998, while he was coming home in an auto rickshaw along with his friend met with an accident in which he sustained serious injuries. Sujeet Singh, son of the Appellants, was traveling in auto-rickshaw No. MH-16-B-2112 belonging to Respondent No. 1 and insured with Respondent No. 2 when the said auto-rickshaw in which Sujeet was travelling while passing in front of Advani Company met with an accident and turned turtle due to rash and negligent driving of auto-rickshaw driver. Due to the said accident Sujeet Singh sustained very serious injuries, was taken to a hospital at Ahmednagar and thereafter brought to K.E.M Hospital, Mumbai but unfortunately he died at the K.E.M Hospital on 25 th May, 1998 as a result of the injuries. The matter was reported to the police and a case was filed against the auto-rickshaw driver. It was contended that the deceased had a bright career and after completing the M.B.A. course would have earned easily Rs.3,00,000.00 to Rs.4,00,000.00 per year and that his age was 22 years and the claim for compensation of Rs.10,00,000.00 was justified.