MEENA Vs. ALKA SANDEEP INGALE

JUDGEMENT

(1.) THIS appeal is preferred against the the judgment and Award passed on 16.9.2010 in Claim Petition No. 354 of 2006 delivered by the Motor Accident Claims Tribunal, Buldana.

(2.) APPELLANTS are the original claimants who had filed a petition under Section 166 of the Motor Vehicles Act against the respondents claiming compensation of Rs.15,00,000/ - for the loss caused to them by the death of Ganesh. Appellant no.1 is the widow of Ganesh and appellants 2 to 4 are his children and appellant no. 5, who is a party in person, is his mother. According to the appellants, deceased Ganesh, working as Head Constable and posted at police headquarters Buldana, was discharging his official function of distributing letters and parcels by driving a police van. While he was travelling by a police van along with others on 17.5.2006, the police party took a halt at Nandura, keeping the police van parked by the side of the road. Deceased then got himself engaged in cleaning the window screen of the vehicle while waiting for the tea to be served to him. It was midnight of 17.5.2006. At that time, one vehicle called ''Trax Cruiser '' bearing registration No. MH -28/C -3376 came from another direction of the road and it hit deceased Ganesh. Ganesh sustained injuries. He was hospitalised at Akola, and while taking treatment there, he succumbed to the injuries. The appellants maintained that this accident occurred due to rash and negligent driving of the said vehicle by its driver and at that time it was owned by respondent no. 1 and insured with respondent no. 2. The appellants submitted that they were dependent upon the income of the deceased and, therefore, they claimed compensation from both the respondents.

(3.) RESPONDENT no. 2 also resisted the petition and raising same contentions as the owner of the said Trax Cruiser, urged that this petition be dismissed.