ANUJ Vs. SHARAD

JUDGEMENT

(1.) The present appeal is preferred by the appellants who are the original claimants for enhancement of the compensation which is granted by the Member, Motor Accident Claims Tribunal, Chandrapur in MACP No. 175/2010 on 11/07/2019.

(2.) Brief facts, which are necessary to decide the appeal are as follows :-

(3.) On 13/3/2010, at about 9.15 a.m., deceased Minal was proceeding from Civil Lines, Chandrapur towards the house of one Mr Sudhir Heda on two wheeler namely Dio bearing Registration No. MH-34-Q-620. She was driving her two wheeler in a moderate speed after observing the traffic rules and regulations. When she reached near old Warora Naka Chowk, at the relevant time, offending truck bearing No. HGV MH-34 M-6845, came in a rash and negligent manner without observing traffic rules and regulations, and was proceeding towards railway over bridge, gave dash to the two wheeler of Minal. Due to severe dash, Minal died on the spot. As per the contention of the appellants i.e original claimants that, the truck was driven by its driver in a rash and negligent manner without observing the traffic rules and regulations. The said truck was owned by opponent no.2 driven by opponent no.1 and validly insured with opponent No.3/National Insurance company. Regarding the said accident, the crime was registered vide CR no. 68/2010 at Chandrapur Police Station against the truck driver. As the said accident has taken place, due to rash and negligent driving of truck driver which was owned by the opponent No.2 and validly insured with opponent No.3. Opponent Nos.1 to 3 are jointly and severely liable to pay compensation.