V. JAYA LAKSHMI Vs. P.R.BAFNA

JUDGEMENT

(1.) This Appeal has been filed by the Original Claimants under Sec. 173 of the Motor Vehicles Act, 1988 (the "M.V. Act") challenging the judgment and award dtd. 28/6/2010 passed by the Motor Accident Claims Tribunal, Pune (the "Tribunal") in Motor Accident Claim Petition No.660 of 1999 partly allowing the Claim Petition of the Appellants directing the Respondents No.1 and 3 to jointly and severally pay a compensation amount of Rs.2,29,266.00 (inclusive of N.F.L.) to the Appellants along with proportionate costs and interest @ 7% p.a. from the date of the petition till realization of the entire amount. The Appeal was admitted by an order of this Court dated June 13, 2019.

(2.) The challenge in this appeal is to the contributory negligence attributed to the deceased and also to the quantum of compensation with respect to the last drawn salary of the deceased as well as the multiplier applied, future prospects, loss of consortium etc. in addition to the deduction due to contributory negligence.

(3.) The relevant facts are that on 30/6/1998 at around 9:30 a.m., Ravi Kishore (the deceased), being the son of the Appellants was going on a Hero Honda motorcycle bearing registration No. BR-1K/2059 and when he reached Bhosari, M.I.D.C., T Block, 131, Dist. Pune, one tanker bearing registration No. MH-12/7903 came from the opposite direction in high speed without following traffic rules and gave a dash to the motorcycle of the deceased in which he was dragged by the said vehicle. The deceased sustained multiple injuries and he was admitted to Lokmanya Hospital for treatment. However the same day he succumbed to his injuries.