SANGEETA WD/O VITTHAL Vs. HARISHKUMAR RAMDAS SAHGAL

JUDGEMENT

(1.) This is an Appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short MV Act) filed by the original claimants against the decision of the learned Motor Accident Claims Tribunal, Nagpur, (for short Tribunal) in Claim Petition No.415/2010 dtd. 23/7/2015, holding the deceased responsible for the accident to the extent of 50%.

(2.) The Appellants filed above referred Claim Petition for compensation of Rs.12,00,000.00, by contending that Vitthal @ Vithoba Laxmanrao Umate, who was the husband of the Appellant No.1 and father of Appellant Nos.2 and 3, succumbed to the injuries suffered in the Motor Vehicular Accident occurred on 27/3/2010, when the deceased was travelling on the two wheeler within the limits of Imamwada Police Station, Nagpur, he gave dash to the truck, which was suddenly stopped without giving any signal or indicator. The claim petition was resisted by the respondent No.2 Insurance Company by filing written statement. The respondent No.1- owner of the vehicle did not appear and contested the claim petition and therefore, the same was proceeded against him ex-parte. Considering the evidence available on record, the learned Tribunal quantified the amount of compensation to the tune of Rs.06,97,000.00. However, by considering the 50% contributory negligence on the part of deceased, awarded the compensation of Rs.3,40,000.00 with interest @ 7.5 percent.

(3.) Heard the learned Advocate for the Appellants and the learned Advocate for the Respondent No.2 Insurance Company. None appeared for respondent No.1. Scrutinized the record.