DEEPALI PRASHANT NANDI Vs. BHARATI RATHOD

JUDGEMENT

(1.) This first appeal has been filed by the original Claimant seeking enhancement of compensation.

(2.) The Appellant is the mother of deceased Padma Prashant Nandi, who was travelling with her relatives and other passengers in Innova car no. MH-04-DE-963 towards Shirdi and when the vehicle reached near Dumberwadi bridge, Kalyan, Ahmednagar Highway, while giving side to a Maruti car coming from the opposite direction, the driver of the said Innova car lost control and the Innova car turned turtle, due to which all the passengers were seriously injured including Padma Prashant Nandi. She was admitted in rural hospital, Narayangaon, Tal. Junner, District Pune and due to her serious head injury she died there. This fact is not in dispute.

(3.) Thereafter, the Appellant who is the mother of deceased had filed a claim application under Sec. 166 of the Motor Vehicles Act before the Motor Accident Claims Tribunal, Thane, making a claim of compensation against the owner of the Innova car as well as the insurance company.