CHANDRAKALABAI Vs. DHNYANESHWAR

JUDGEMENT

(1.) THE unfortunate mother and two brothers of deceased Sanjay s/o Marotrao Khekde have filed this appeal for enhancement of compensation under Section 110-D of the Motor Vehicles Act, 1939 aggrieved by the award passed by the Motor Accident Claims Tribunal, Nagpur on 23.12.1983 in Claim Petition No. 23 of 1981 Smt. Chandrakalabai and Ors. v. Dhnyaneshwar and Ors. whereby the said Tribunal awarded compensation of Rs. 32,400/- to the claimants.

(2.) IN the claim petition filed by the mother and the two brothers of deceased Sanjay before the Tribunal, it was averred that on 3.12.1980 after attending the school, Sanjay went to see a movie in Vayusena Nagar in the afternoon and when he was going on bicycle with other friends, near Vayusena Nagar Square, a metador bearing No. MHG-6592 dashed Sanjay's cycle and as a result thereof Sanjay died. Metador MHG-6592 was being driven at that time by the respondent No. 1 Dhyaneshwar and the said Metador belonged to the respondent No. 2 and was insured with the respondent No. 3. The claimants claimed compensation of Rs. 1,52,000/- on the basis that at the time of accident Sanjay was 18 years old and studying in Xth standard in Dharampeth High School. According to the claimants, Sanjay was brilliant student and had ability to pursue higher studies and it was expected that he would become doctor and would have spent for his mother Rs. 300/- per month and Rs. 200/- per month for each of his two brothers. A sum of Rs. 10,000/- was claimed towards mental shock.

(3.) THE Tribunal held that it has been proved that the deceased Sanjay died on 3.12.1980 near Vayusena Nagar Square as a result of the motor accident and the said accident occurred because of rash and negligent driving of Metador No. MHG 6592 being driven by Dhyaneshwar at that time. The Tribunal held that the benefit to the family i.e. to the mother would have been to the tune of Rs. 100/- per month and would have derived by the mother for 27 years and accordingly passed an award of Rs. 32,400/-.