BABURAO TANBAJI DHALE Vs. NASERSK YAKUB

JUDGEMENT

(1.) This appeal has been filed by the original applicants and it is directed against the Award dated 27th August, 1990, passed by the Motor Accident Claims Tribunal, wardha, in Motor Accident Claim Case no. 73/1986, whereby a sum of Rs. 50,000. 00 together with interest@ 12% per annum from the date of the application till realisation of the amount, with proportionate costs, has been awarded to the appellants/original applicants by way of compensation for the death of the son of the applicants in motor accident.

(2.) A claim petition was filed by the present appellants before the Motor Accident Claims tribunal, Wardha, claiming compensation. It is the case of the appellants that son of the appellants, who was educated upto VI standard, and who used to sell biscuits etc. as hawker at S. T. Bus Stand, Samudrapur, while travelling in a truck bearing No. MH G 6439, died on account of collusion of the vehicle with a bus bearing No. MTB 9345 belonging to the maharashtra State Road Transport Corporation. On account of the collusion, the deceased boy fell down from the truck and came under the wheels of the truck and died on the spot. The offence was registered against the respondent No. 1-Sk. Naseer sk. Yakub, the Driver of the truck. It was stated that the accident took place on account of negligent driving of the truck as well as bus of the Maharashtra State Road Transport corporation. A sum of Rs. 60,000/- was claimed by the applicants, parents of the deceased, from the respondents. The respondent No. 1 is the truck Driver, the respondent Nos. 2 and 3 are the truck owner and insurer respectively, respondent No. 4 is the Maharashtra Road Transport Corporation and the respondent No. 5 is the Driver of the S. T. bus.

(3.) The learned Tribunal, after framing necessary issues and after recording evidence as led by the parties, recorded a finding that the accident took place on account of negligent driving of the truck by the respondent no. 1. The learned Tribunal determined the compensation of Rs. 50,000/- and directed the respondent No. 1 only to pay the said amount. The learned Tribunal found that the truck involved in the accident was a goods truck and it was used for carrying members of the marriage party. The learned Tribunal, therefore, held that neither the owner nor the Insurance Company was liable to pay the compensation to the claimants. Hence the award was passed only against the Driver of the truck, ie. the respondent No. 1. Hence this appeal is preferred by the original claimants.