VISHWASRAO NARAYAN PAWAR Vs. LATA GOPAL WAGHMALE

JUDGEMENT

(1.) Heard Mr. S.R. Kudrolli, learned counsel for the appellants in both the appeals. Both the appeals arise out of common award passed by the Motor Accidents Claims Tribunal, Satara, dated 6.6.1986 in two claim petitions, viz., M.A.C.P. No. 72 of 1983 and M.A.C.P. No. 73 of 1983 arising out of one accident and hence, both these appeals have been heard together and are disposed of by this common judgment.

(2.) BY the impugned award dated 6.6.1986, the Motor Accidents Claims Tribunal, Satara, awarded compensation of Rs. 30,000/ - to the claimants in M.A.C.P. No. 72 of 1983 together with future interest at the rate of 10 per cent per annum from the date of application till the payment of the entire amount. An award of Rs. 55,000/ - was passed in favour of the claimant in M.A.C.P. No. 73 of 1983 together with future interest at the rate of 10 per cent per annum from the date of application till the entire payment was made.

(3.) TO appreciate the contentions raised by the learned counsel for the appellants, briefly the facts relevant for the present purpose may be adverted to. On 23.4.1983 the truck bearing registration No. MHQ 2413 owned by appellant No. 1 in both the appeals, viz., Vishwas Narayan Pawar (for short 'owner') and driven by appellant No. 2, Ramdas Shankar Sabale (for short 'driver'), was proceeding from Arphal to Bhuinj Factory. The truck was loaded with about 10 tons of sugar -cane. For reaching from Arphal to Bhuinj Factory, the driver was required to pass through road from Arphal to Waduth and from Waduth to Arale. There is a bridge on the Krishna river in between Waduth and Arale village. After crossing the bridge, the road takes turn to south and after a distance of about 60 to 70 paces, the road was descending. While the truck driver crossed the bridge, the motor cycle bearing registration No. MTM 2192 being driven by Jalandar Gopal Gaikwad was coming from opposite direction. Shrirang Gopal Waghmale was the pillion rider on the said motor cycle. The road was under repairs and on both the sides heaps of stones were stored. Immediately after the truck driver crossed the bridge on Krishna river, about 1 furlong away, the accident took place between the truck and the motor cycle resulting in instantaneous death of Jalandar Gopal Gaikwad who was driving the motor cycle and Shrirang Gopal Waghmale who was the pillion rider.