CHHAYABAI Vs. ANSHUL IMPEX PVT. LTD.

JUDGEMENT

(1.) THIS appeal is directed against the judgment and Award passed on 07.3.2002 in Motor Accident Claim Petition No. 92 of 1996 by Member, Motor Accident Claims Tribunal, Chandrapur.

(2.) THE appellants are the original claimants whereas respondents are respectively the owner, driver and insurer of the offending truck, one of the vehicles involved in the accident. Deceased Bandu, husband and father of the appellants 1 and 2 respectively, who was carrying on the business as a grocer, was proceeding by jeep bearing registration No. MHN -2357 from Wani to Ghughus on 24.9.1995. He himself was driving the jeep. When his jeep came near a spot on the road situated near filter tank, one truck bearing registration No. MH/31 -7834 being driven rashly and negligently, suddenly appeared and there was a collision between these two vehicles. Result was that Bandu sustained grievous injuries and succumbed to those injuries on the spot. He was earning about Rs. 200/ - per day and the appellants were dependent on his income. As the accident was due to rashness and negligence on the part of the truck driver, as claimed by the appellants, they filed a petition claiming compensation of Rs. 3,50,000/ - from the respondents jointly and severally. The petition proceeded ex parte against respondent no. 1 and it proceeded against respondent no. 2 without his written statement.

(3.) AFTER considering the evidence available on record and hearing the rival parties, the learned Member partly allowed the petition finding that there was a contributory negligence to the extent of 70% on the part of the truck driver and 30% on the part of the jeep driver -deceased Bandu. Accordingly, the Tribunal granted compensation of Rs. 1,38,600/ - after deducting 30% from the total compensation on account of 30% contributory negligence on the part of deceased Bandu. This amount was held to be payable inclusive of the amount on account of no -fault liability to the appellants by respondents 1 to 3 jointly and severally together with interest at 9% per annum by the judgment and Award passed on 7.3.2002. Not satisfied with the same, the appellants are before this Court in First Appeal.