VASANT GOPAL JOSHI Vs. PANKAJ V. DEDHIA

JUDGEMENT

(1.) This First Appeal has been filed by the original Claimants seeking enhancement of the quantum of compensation awarded vide judgment and award dtd. 6/9/2000 passed by the Motor Accidents Claims Tribunal, Mumbai in Claim Application No. 1500 of 1995.

(2.) Mr. Mendon, learned Counsel appearing for the Appellants has submitted that it is not in dispute that the Appellants are the legal representatives of the deceased being the husband and son, under Sec. 166 of the Motor Vehicles Act, 1988. It has been submitted that even the basic fact that the deceased wife and mother of the Appellants viz. Sushma Vasant Joshi, as a pedestrian was knocked down by motor scooter bearing no. MH-01-F-701 belonging to the Respondent No.1, owner and insured with the Respondent No.2-Insurance Company due to the rash and negligent driving of the offending vehicle due to which accident Sushma Vasant Joshi sustained serious injuries resulting in her death is not in dispute.

(3.) Mr. Mendon has submitted that the Tribunal after recording the evidence and hearing the respective parties and perusing the documents filed in support of the claim held that the deceased met with an accident due to the rash and negligent driving by the driver and therefore, the claimants were entitled to receive compensation jointly and severally from the Respondents.