SONABAI DEORAO TAKALE Vs. BABAN NALIAS PUNJAJI

JUDGEMENT

(1.) THIS appeal is directed against the Judgment and award dated 4th April, 1997 passed by Ex Officio Member, Motor Accident claims Tribunal at Jalna in Motor Accident Claim No. 120 of 1995. Vide said Judgment and Award, the Motor Accident Claims Tribunal directed the original respondent Nos. 1 to 3 to pay the petitioners as joint and several liability an amount of Rs. 1,50,000. 00 inclusive of no fault liability with interest @ 12% per annum from the date of petition.

(2.) AGGRIEVED by the said Judgment and Award, the original claimants who are the legal representatives of the deceased Kalyan Takale, have filed this appeal claiming therein enhancement of the amount of compensation.

(3.) FACTS relevant for decision of this appeal, which are fairly established from the evidence on record, may be briefly stated, as under: the deceased Kalyan Takale, aged about 28 years, died in a motor vehicular accident on 16/4/1995, as a result of the injuries received by him in the said accident which took place on 15/4/1995. Taxi No. MH-20-A-7090 is involved in an accident. The respondent No. 1 was driving the said Taxi. The Taxi is owned by respondent No. 2 Akram Khan and it was insured with the respondent No. 3 during the relevant period of the accident. Deceased Kalyan Takale was traveling by motorcycle no. MH-21-B-1295 along with one Abhay Mantri from Ambad to Jalna. He was a pillion rider. The accident occurred at about 3. 30 to 3. 45 p. m. , near Ashoka Dhaba when the taxi came from opposite direction and dashed against the motorcycle. Respondent No. 1was driving the Taxi. He was in service of respondent No. 2. The accident occurred during the course of the said employment. Deceased Kalyan Takale was the agriculturist. He was the owner of four acres land. He was also doing the business of dairy. According to the petitioners, his income was Rs. 25000. 00 per year.