DILIP Vs. LATA

JUDGEMENT

(1.) This is an Appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short, 'M.V.Act) by the Driver and Owner of the offending vehicle against the Judgment and Award dtd. 1/7/2014 passed by the learned Motor Accident Claims Tribunal (for short, "learned Tribunal"), Wardha, allowing the Motor Accident Claims Petition No.133/2010 awarding compensation of Rs.5,58,260.00 with 7.5% interest per annum from the date of the application till realization against the Appellants.

(2.) The Respondents being the widow, son and daughter of the deceased Balaji filed the above referred Claim Petition against the Appellants contending that, the deceased succumbed to the injuries suffered due to motor vehicular accident dtd. 10/1/2010 due to rash and negligent driving of the Tractor with Trolley (offending vehicle). The compensation awarded is to the tune of Rs.6,00,000.00 with interest. The Claim Petition was contested by the Appellants by filing the written statement. They denied that, the accident occurred due to rash and negligent driving of the offending vehicle and also denied the Claim petition. It was their case that, the deceased Balalji was already lying in an injury condition on the road and when the offending vehicle was proceeding from that road, the people stopped the Tractor and informed the police.

(3.) The Respondent No.1 widow of the deceased filed her evidence affidavit. She was cross- examined by the Appellants. The Respondents brought on record the police papers in support of their Claim Petition. The Appellants examined themselves. Appreciating the evidence available on record, the learned Tribunal passed the impugned Judgment and Award by holding that, the accident occurred due to the rash and negligent driving of the said Tractor, which was owned by the Appellant No.2 and driven by the Appellant No.1 at the relevant time.