(1.) This appeal arises out of the judgment and Award passed on 01.04.2013 in Claim Petition No. 62 of 2010 by the Motor Accident Claims Tribunal, Achalpur.
(2.) The respondents 1 and 2 are the claimants who had filed claim petition under Section 166 of the Motor Vehicles Act against the appellant and respondents 3 and 4 respectively, being the insurer of the tipper truck and driver and owner of the tipper truck. This tipper truck together with another vehicle, a luxury buss bearing registration No. MH351671, was involved in the accident. The tipper truck had its registration number as MH31CB4892.
(3.) It was the contention of the respondents 1 and 2 that their son Ashish Kumar was travelling by the luxury bus on 20.4.2010 when the said tipper truck gave a violent dash to the luxury bus, and it resulted in sustaining of grievous injuries by Ashish. Ashish was 22 years at the time of accident and soon after the accident he succumbed to the injuries sustained in the accident. They further submitted that Ashishkumar had completed his degree course in Engineering and was a bright student. They further submitted that he was also offered an appointment at the salary of Rs.25,000/ per month. They also submitted that the death of their son occurred due to composite negligence shown by the drivers of both the vehicles and, therefore, exercising their choice available under the law, they filed a petition claiming compensation from the appellant and respondents 3 and 4.