SANTOSH DATTA KUTE Vs. GANESH MAHADEVRAO KADAM

JUDGEMENT

(1.) This is an Appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short "M.V. Act") by the original Claimants for enhanced compensation. The Appellants are the parents of deceased girl, aged 4 years, who met with an accident on 12/9/2011 at 14.45 Hrs. while going to the school. She was knocked down by the State Transport Bus (ST Bus). The accident was reported to the Asegaon Police Station and Crime No.49/2011 came to be registered under the relevant provisions of the Indian Penal Code (for short "I.P.C.") and M.V. Act.

(2.) The Appellants preferred the Claim Petition No.110/2011 before the learned Motor Accident Claims Tribunal at Akola, Division Washim under Sec. 166 of the M.V. Act for compensation of Rs.4,00,000.00. The Appellants contended that, the deceased was having good health and was taking education. The deceased was a bright student and definitely would have excelled in life, had she been alive. She was their only daughter. They lost their support. The Claim Petition was resisted by the Respondents, who are the Driver and the Corporation which owned and controlled the offending bus. The learned Tribunal framed the issues. The Appellants led their evidence. The police papers were brought on record. No evidence was led by the Respondents. Appreciating the material available on record, the learned Tribunal passed the judgment and award on 5/5/2012 awarding compensation of Rs.1,57,000.00 with interest at the rate of 7% per annum from the date of filing of the Claim Petition.

(3.) It is submitted by the learned Advocate for the Appellants that, the Appeal was only on the point of quantum. The deceased was the minor girl and taking education. The learned Tribunal should have granted just and fair compensation. The compensation towards the conventional heads be appropriately granted as per the settled legal position and the Appeal be allowed. In support of his contentions, he has relied on the judgment of this Court in Anil S/o Laxmanrao Dhodre and others V/s. Vithal S/o Narayan Pastulwar and others in First Appeal No.866/2022 decided on 26/9/2025.