NIDHI Vs. MOHAMMAD ISSAR

JUDGEMENT

(1.) By the present appeal, the appellants-original claimants challenged the judgment and order passed by the Chairman, Motor Accident Claims Tribunal, Bhandara in Claim Petition No.128/2009 dtd. 12/12/2011, on the ground that the learned Tribunal wrongly held that there is a contributory negligence and secondly not awarded the compensation towards the future prospects, loss of estate and other components as per the settled principles of law.

(2.) In brief the case of the claimants is that on 10/8/2009 the deceased, who had taken the appointment of Dr. Karandikar for check-up of appellant no.1, they were travelling by Maruti Esteem Car bearing registration No.MH-36/5594 from village Warthi to Nagpur. During their travelling, when they reached to Lapka Shivar (Mauda), the offending truck bearing registration No.MH-31-AP-168 driven by respondent no.2 came from opposite direction in high speed and gave dash to the car of the deceased. Due to this accident, the deceased succumbed to death.

(3.) According to the claimants, the deceased was serving as Assistant General Manager (Rolling Mills) with Sunflag Iron and Steel Company Limited, Warthi-Bhandara and at the time of accident, the monthly income was Rs.78,432.00 per month. His age was about 40 years. Hence, the claim petition was filed before the Chairman, Motor Accident Claims Tribunal, Bhandara seeking thereby compensation of Rs.1,20,00,000.00.