DNYANDEO KARBHARI NAGARE Vs. GITARAM SHANKAR WAKCHAURE

JUDGEMENT

(1.) ALL four appeals challenge the decisions of Motor Accident Claims Tribunal, Ahmednagar, which were claims arising out of one and the same accident.

(2.) ON 8-5-1986, at about 09. 15 a. m. , deceased Madhav and his wife Parvatabai were going on motorcycle. It is said that they were travelling from east towards west and while they were about to cross a square, a goods truck No. MHF-6541, which was travelling from north to south, knocked down the motorcycle in the square. It was the claim of all the claimants that the truck driver drove the truck in total disregard of travelling of motorcycle and signal given by motorcycle driver, i. e. deceased Madhav. It is said that, Madhav and his wife died on the spot and the motorcycle suffered extensive damages.

(3.) FOUR Appeals are the appeals against decisions in Motor Accident Claim Petition (MACP) Nos. 187 of 1986, 179 of 1986, 180 of 1986 and 178 of 1986 respectively. MACP No. 187 (First Appeal No. 356 of 1991) was filed, by Dnyandeo, the brother of the deceased for the purpose of compensation by way of damages because of damage caused to the motorcycle in the accident, as the motorcycle was owned by Dnyaneshwar. As against the claim of Rs. 11,000/-, the learned Tribunal has awarded damages of Rs. 9500/ -. MACP No. 179 of 1986 (First Appeal No. 357 of 1991) was filed by the children of deceased couple, seeking compensation of Rs. 80,000/- towards death of their mother Parvatabai. The Tribunal has allowed the claim to the extent of Rs. 32,000/ -. MACP No. 180 of 1986 (First Appeal No. 358 of 1991) was also by the children, seeking compensation of Rs. 1,00,000/- towards the death of their father Madhav. The claim is granted in full by the Accident Claims Tribunal. MACP No. 178 of 1986 (First Appeal No. 359 of 1991) was filed by parents of the deceased Madhav, seeking compensation towards death of their son, to the extent of Rs. 40,000/ -. This claim is granted by the Tribunal to the fullest extent.