SATPALSINGH DHARAMSINGH CHOWDHARY Vs. ASHOK G RAUT

JUDGEMENT

(1.) Both these appeals have been filed by the original claimants. They arise out of a common judgment delivered in M. A. C. T. , Alibag, in Accident claim Case Nos. 329 and 382 of 1986. Accident Claim Case No. 329 of 1986 was filed by Satpalsingh Dharamsingh Chowdhary and another, who are appellants in first Appeal No. 615 of 1998 and Accident claim Case No. 382 of 1986 was filed by ramswarup Ramkaran Tak alias Singh and another, who are appellants in First appeal No. 159 of 2000.

(2.) The accident which gave rise to these two accident claim cases before the Motor accidents Claims Tribunal at Alibag, arise in the following manner: accident took place on 24.8.1986 at 17.20 hours on Bombay-Goa Road, near village Chichwad, and the vehicles involved there are MMF 7299 and MEH 4641. At that time Vijendra Choudhary and narendra Singh were travelling in Maruti car No. 7299 from Karnala to Bombay through Bombay-Goa Road. When this car reached village Chichwad and was negotiating ascending curve in a slow speed, a lorry bearing No. MEH 4641 came from the opposite direction in a very rash and negligent manner, in excessive and uncontrollable speed and dashed against Maruti car with force. Due to the dash Narendra died on the spot and other occupants of the car including Vijendra succumbed to the injuries in Panvel Municipal Hospital. Satpalsingh Dharamsingh Chowdhary and santosh Satpalsingh Chowdhary are legal heirs of deceased Vijendra and Ramswarup ramkaran Tak alias Singh and Satyawati are the legal heirs of Narendra, both being the parents of the respective victims. In this background of the matter, the accident claim cases came to be filed.

(3.) Insurance company resisted the claim as being exorbitant, earnings of the victims, i. e. , two deceased persons were also challenged. The parties led evidence and ultimately the Claims Tribunal awarded rs. 54,200 in Accident Claim Case No. 329 of 1986 to the claimants including the amount of no fault liability and the same amount to the other claimants in Accident claim Case No. 382 of 1986 including the no fault liability. Being aggrieved by the order/award, these two appeals have been filed.