A R SUBARAO Vs. SHALINI HANUMANT SINKAR

JUDGEMENT

(1.) THE present first appeal arises out of the award of the Motor accidents Claims Tribunal granting compensation to the respondents-claimants. The trial court had granted an amount of rs. 1,47,000 together with interest at the rate of 9 per cent per annum.

(2.) THE facts involved in the present case are as follows: a motor taxi bearing No. MRO 9590 was proceeding along the national highway from Pune to Mumbai. Respondent No. 1 is the wife of the deceased. Respondent nos. 2 and 3 are the children of deceased and respondent No. 4 is the father of the deceased. The husband of respondent No. 1 and the father of respondent Nos. 2 and 3 was seated in the taxi on the left rear seat. The taxi collided with the goods truck bearing No. MYA 9751. Both the vehicles were proceeding in opposite directions and the accident occurred on the national highway. As a result of the collision, the passengers on the left side of the taxi including the deceased Hanumant Sinkar and one satish Bhide who was sitting in the front seat of the same taxi died of the injuries sustained by them. Hanumant Sinkar died on the spot whereas Bhide was hospitalised and died in hospital.

(3.) RESPONDENTS filed Claim Application no. 177 of 1979 before Motor Accidents claims Tribunal claiming an amount of rs. 2,00,000 along with interest as compensation. The respondents' claim that it was on account of the rash and negligent driving of the drivers of both taxi as well as the truck that the accident had occurred which resulted in the death of Hanumant sinkar.