GANGUBAI Vs. DAYANAND DHONDIRAM SONAR

JUDGEMENT

(1.) The appellants/original claimants in MACP No.288 of 2001, filed before the Tribunal at Parbhani, impugns the judgment and award dated 16.12.2003 in this appeal, filed under section 173 of the Motor Vehicles Act before this court.

(2.) The claimants had approached the Tribunal at Parbhani under section 166 of the Motor Vehicles Act raising claim for compensation of Rs.7.00 lakhs towards accidental death of Dashrath Santramji Varade, who died in a motor vehicular accident dated 8.5.2001. The appellants contended that deceased was returning to village Khedula after closing his shop situated at Pathri on his two-wheeler bearing registration No.MH-22/B-714. Another motor cycle bearing registration no. MH-22/B-5696, came from opposite direction and gave forceful dash to the motorcycle of deceased. The deceased suffered fatal injuries in the said accident. The accident resulted owing to negligence of offending motorcycle rider. Crime No.47 of 2001 was registered against rider of the said motorcycle. It was owned by respondent no.1 and insured by respondent no.2. Hence, they are liable to pay the compensation.

(3.) Claimants further contend that deceased was running a Kirana Shop so also looking after the agricultural land to earn livelihood for the family. They pleaded cumulative monthly income of the deceased from all the sources @ Rs.15,000/- to Rs.16,000/-. The respondent nos.1 and 2 contested claim before the Tribunal by filing written statement at exh.12. The evidence of claimant No.1 Gangubai and C.W. 2 Pralhad Kute has been recorded. The Tribunal after hearing the parties passed an award of Rs.2,65,000/- in favour of the claimants. The claimants are before court in this appeal aggrieved by the assessment of compensation made under the award.