GIRDHARIMAL TURYAMAL JASWANI Vs. JASWANT

JUDGEMENT

(1.) THIS appeal is filed against the judgment and award passed in Motor Accident Claim Petition No. 141 of 1999, on 17.9.2002 by the Member, Motor Accident Claims Tribunal, Akola. The appellants are the original claimants who filed claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation for the accidental death Jeetendrakumar, the son of appellant Nos. 1 and 2 and the brother of appellant Nos. 3 and 4 against the respondents. The respondent No. 1 was the owner of Maruti Vehicle bearing registration No. MH -31 -Z -4918 involved in the accident. The respondent No. 2 was the driver of the said vehicle and respondent No. 3 was the insurer of that vehicle at the time of accident.

(2.) ACCORDING to the appellants, the accident had occurred on 24.8.1998 at about 9.30 p.m. on Nagpur -Hinganghat Road. The appellants submit that, deceased Jeetendrakumar was traveling in the said Maruti Vehicle and it was being driven rashly and negligently by respondent No. 2. They submitted that due to rashness and negligence shown by respondent No. 2 in driving Maruti vehicle, it was dashed against one commander jeep and the accident took place. In this accident, Jeetendrakumar sustained grievous injuries to which later on he succumbed. The appellants submitted that deceased Jeetendrakumar was earning about Rs. 5,000/ - per month and they all were dependent upon the income of deceased Jeetendrakumar. Therefore, they filed claim petition claiming compensation of Rs. 10,00,000/ - from the respondents jointly and severally.

(3.) NOT satisfied, the appellants have preferred the present first appeal.