MANIKRAO BHADOJI CHOURE Vs. SANJAY RAWALCHAND SAHANI

JUDGEMENT

(1.) This appeal is preferred against the judgment and order passed on 25th September, 2001 by the Member, Motor Accident Claims Tribunal, Nagpur in Claim Petition No.432 of 1994.

(2.) The appellants No. 1 to 3 were respectively father, mother and brother of deceased Pramod, an unfortunate victim of an accident, which occurred at about 10.30 a.m. on DhapewadaVadhona road in front of the house of one Bapurao Shrirao. This accident was caused by a motor vehicle, which was a truck bearing registration No. MHG5383 owned by respondent No.1, ensured with respondent No.2 and driven by one Shalikram Shivaji, who is not a party to this appeal. At the relevant time deceased Pramod was returning to his house after attending the school and as he reached the spot of the accident, the said truck, coming from behind, hit deceased Pramod in a forceful manner, with the result the deceased came under one of the wheels of the truck and both of his legs were crushed thereunder. The deceased was hospitalized and he was discharged after some time, although he had not recovered fully from the injuries. Thereafter, he continued with his treatment as an outdoor patient. Subsequently, complications developed and Pramod was again required to be admitted to the hospital and on 03/9/1991 he died due to complications arising from the injuries he had sustained in the said accident.

(3.) The appellants had submitted in their claim petition that Pramod was a 14 years old boy studying in 8th standard at the time of accident and that he was a clever student having bright future. They submitted that after attaining the majority, deceased Pramod would have certainly supported them and since the accident had occurred due to rash and negligent driving of the offending vehicle by its driver, the respondents were liable to pay compensation to the appellants. They had claimed the compensation of Rs. 1,50,000/.