PRATIBHARAJE Vs. CHARULATA

JUDGEMENT

(1.) Heard learned Counsels appearing for the parties.

(2.) The appellant has challenged the judgment and award dtd. 30/4/2008 passed by the Motor Accident Claims Tribunal, Nagpur ("Tribunal", for short) in Claim Petition No.1081 of 1999, by which awarded the compensation of Rs.7,72,500.00 alongwith interest at the rate of 6% per annum from the date of application till its realization. The claimant preferred this appeal for enhancement of compensation.

(3.) The brief facts, which are necessary for the disposal of the appeal, are as under : Deceased Rishiraj Pratapkumar Mane on 8/12/1998 alongwith other four was proceeding in his Maruti Car MH-31- Z-2291 from Khapari to Mahal Nagpur. At the relevant time, one Prashant Dhote was driving the Maruti Car. As per the contention of the claimant, the Maruti Car driver was driving the said car by left side of the road by observing traffic rules and regulations. At about 3:45 a.m., said Maruti Car reached at Chinchbhawan locality at Wardha Road. At the relevant time, one Matador bearing No.MWY-5886 driven by its driver came from opposite direction in excessive speed and dashed against the Maruti Car. Due to the severe dash, said Rishiraj died in an accident at the spot itself. Regarding the said accident, crime No.206 of 1998 was registered against the Matador driver at Sonegaon Police Station. The Matador was driven by respondent No.2 owned by respondent No.1 and validly insured with respondent No.3 - National Insurance Company. The Maruti Car was insured with respondent No.4 - United India Insurance Company Limited.