BHALCHANDRA NIVRUTTI DONGA Vs. MOHAN GULANCHAND BUTALA

JUDGEMENT

(1.) BEING aggrieved by the Award, dated January 29, 1988 passed by the Motor Accident Claims Tribunal, Pune, the original claimants have filed the present appeal under Section 110-A of the Motor vehicles Act, 1939.

(2.) ON July 5, 1980, deceased Shekhar, the only son of his parents, namely, Appellant Nos. 1 and 2, was proceeding. towards Alandi on a bicycle to visit his married sister. When deceased Shekhar was near the Mari-aai Gate, truck bearing :no. MTL 634 belonging to respondent No. 2 dashed, him which resulted in his death on the same night. The appellants thereafter filed an application under Section 110-A of the Motor Vehicles Act, 1939 before the Motor Accident Claims tribunal, Pune against Respondent Nos. 1 and 2, who were respectively driver and owner of the truck and the Respondent No. 4 United India insurance Co. Ltd. for compensation of Rs. One Lac on account of untimely death of deceased Shekhar.

(3.) THOUGH Respondent Nos. 1 and 2 filed separate written statements, their defence was common. The Respondent Nos. 1 and 2 contended that accident occurred not on account of rashness or negligence on the part of the Respondent No. 1, but due to the negligence of deceased Shekhar, who suddenly tried to cross the road and dashed on the truck. The Respondent nos. 1 and 2 also contended that the claim for compensation of Rs. One lac was exorbitant and excessive. The Respondent No. 2 contended that the truck was insured under insurance cover No. 60588 for the period from december 26, 1979 to December 25,1980. The Respondent No. 4 Insurance company in its written statements (Exhibits 126 and 112) mainly contended that the truck was not insured with the Respondent No. 4 at all. The respondent No 4 disputed the claim of the appellants that the death was caused due to negligence or rashness of the Respondent No. 1. The respondent No. 4 also disputed the claim for compensation of Rs. One lac as excessive and exorbitant. In any event, the Respondent No. 4 contended that their liability should be restricted only to Rs. 50,000 as per the provisions of the Motor Vehicles Act, 1939.