KALPANA VIJAY BACHCHHAV Vs. EKNATH BABURAO AUCHITE

JUDGEMENT

(1.) This Appeal is preferred under Sec. 166 of Motor Vehicle Act, 1988 (for short "the Act") by original claimants taking exception to the judgment and order dtd. 5/12/2006 passed in MACP No. 507/2000.

(2.) Claimants are wife and children of Vijay Sakharam Bachchav, who died in motor vehicular accident occurred on 19/4/2000. Owner of the offending vehicle as well as insurer were made party to the claim Petition. It is the case of the claimants that, on 19/4/2000 deceased was proceeding on his motorcycle bearing no. MH-16-C-4208. When he reached Parner to Supa Road in Hanga Village Shiwar, a tempo bearing No. MH-16/B-4127 came from opposite direction and gave dash to motorcycle of deceased in the negligent manner. In the said accident, deceased sustained serious head injury. As a result of fatal injuries, deceased died on the spot.

(3.) Owner and Insurer have contested the claim petition and filed their written statements at Exhibits 19 and 20, respectively denying the claim and contentions of the claimants.