USHA Vs. PAPOATHI

JUDGEMENT

(1.) This is an Appeal filed by the Claimants under Sec. 173 of the Motor Vehicles Act, 1988 (for short, "MV Act"), for the enhanced compensation being not satisfied with the compensation of Rs.7,45,299.00 awarded by the learned Motor Accident Claims Tribunal, Nagpur vide Judgment and Order dtd. 28/2/2012 in Claim Petition N0.212 of 2007, preferred by the Appellants under Sec. 166 of the Motor Vehicles Act.

(2.) The deceased Ashok Banarsilal Jejani, who was the husband of the Appellant No.1 and father of the Appellant Nos.2 and 3, met with Motor Vehicular Accident on 27/1/2007 caused due to use of the truck, which was coming from the opposite direction and gave dash to the Motor Car in which the deceased was travelling. The said truck was owned by the Respondent No.1 and insured with the Respondent No.2. Showing the age of the deceased as 48, the Appellants claimed the compensation. The Claim Petition was resisted by the Respondent No.2- Insurance Company by filing the Written Statement. The Respondent No.1 did not contest the Claim Petition. The learned Tribunal framed the issues. The Appellants led the evidence. No evidence was led by the Respondents. Considering the material available on record, the learned Tribunal passed the Judgment and Award.

(3.) Heard the learned Advocate for the Appellants and learned Advocate for the Respondent No.2- Insurance Company. None appeared for Respondent No.1 though served through paper publication. Perused the papers.