UNION OF INDIA Vs. MANDAKINI SURESH MAKASARE

JUDGEMENT

(1.) Dissatisfied by the Judgment and award dtd. 31/1/2014 passed by learned Member, Motor Accident Claims Tribunal (MACT), Ahmednagar in MACP No.807 of 2008, original opponent nos.1, 2 and 3 have come up by way of First Appeal No.1964 of 2015 challenging the liability saddled on them and quantum of compensation. The original opponent nos.4 and 5 (claimants) have also filed First Appeal No.2900 of 2015 for enhancement of compensation.

(2.) As both the appeals are arising out of one and same impugned judgment, the same are dealt and decided by this common judgment.

(3.) In short, above numbered claim petition was instituted by mother, sister and brother of deceased Amit, who while proceeding towards MIDC over Nagar - Manmad road on Motorcycle bearing No.MH16 Z6584 suffered dash given by Swaraj Mazda vehicle bearing No.T-3500-04C-071468H belonging to opponent no.2 Air Force Headquarter. In the above accident, Amit suffered fatal injuries and succumbed to the same. Consequently, his brother Nilesh/claimant no.3 lodged FIR, against driver of the Swaraj Mazda Truck opponent no.3, bearing no.198 of 2008 under Ss. 304A, 279, 337, 338 and 427 of the Indian Penal Code (IPC) and under Sec. 184 of the Motor Vehicles Act.