BHALCHANDRA Vs. SHARDABAI

JUDGEMENT

(1.) Both the appeals are filed against judgment and award of Claim Petition No. 96/2003 which was pending before the Claims Tribunal, Jalgaon. Respondent Nos. 1 to 3 from the two appeals were claimants and the claim was filed under section 166 of Motor Vehicle Act, 1988 (in short 'the Act'). The Tribunal has granted compensation of Rs. 9,50,180/- with interest at the rate of 7% p.a. from the date of petition. The owner of the offending vehicle has filed First Appeal No. 439/2007 and the Insurance Company has filed First Appeal No. 927/2007. All the sides are heard.

(2.) According to the claimants, the accident took place on 11.6.2003 on Ambad Charphula - Mantha Road at about 9.30 p.m. and the spot is situated near Revgaon, in Jalna city.

(3.) It is the case of claimants that the deceased Manohar Ugale was present as pillion rider on motorcycle and the motor cycle was being driven by one Laxman Gangadhare. It is their case that Laxman drove the motorcycle bearing No. MH-21/B-4005 rashly and negligently and the motorcycle gave dash to the railing of fly over and the accident took place. It is contended that Manohar was seriously injured in the accident and he succumbed to the injuries on 26.6.2003.