LAWS(BOM)-2023-8-513

BHARTI Vs. NAVNATH DAGDU DHAT

Decided On August 28, 2023
BHARTI Appellant
V/S
Navnath Dagdu Dhat Respondents

JUDGEMENT

(1.) The appellants/original claimants aggrieved by the judg-ment and award dtd. 19/9/2019 passed by the Motor Accident Claims Tribunal, Beed in Motor Accident Claim Petition No.271/2017 filed present appeal under Sec. 173 of the Motor Vehicle Act. (Here-inafter, parties are referred as per their original status before the Tri-bunal for the purpose of convenience and brevity).

(2.) The claimants had approached the Tribunal at Beed under the provisions of Sec. 166 of the Motor Vehicle Act, thereby raising claim for compensation of Rs.96,13,756.00 towards accidental death of Sunil Navnath Dhat. The claimants contend that deceased Sunil was traveling in Maruti Swift Car bearing Registration No.MH-23-AD-0755 from Parali towards Beed. The respondent no.2 was driving car in rash and negligent manner. He lost his control. Resultantly, car collided to road side tree. The occupants of the car suffered injuries in the said ac-cident. Sunil was seriously injured. He was shifted to Civil Hospital, Beed where he was declared dead. The offence was registered against car driver with Police Station Pimpalner vide Crime No.248/2017.

(3.) The claimants further contend that Sunil was aged about 35 years and he was an engineering graduate. He was engaged as Govern-ment contractor. He had many civil construction works in hand from Municipal Corporation so also Government Authorities and private indi-viduals. His annual income was Rs.7,81,564.00 for the year 2016-2017 as per the Income Tax Returns submitted by him for the year 2016-2017. As such, claimants raised the claim against respondents seeking com-pensation, attributing negligence against car driver.