SADHANA Vs. SATISH

JUDGEMENT

(1.) This is an Appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short, 'M.V.Act) by the Original Claimants being not satisfied by the Judgment and Award dtd. 30/7/2013 passed by the learned Motor Accident Claims Tribunal (for short, "the learned Tribunal"), Nagpur in Claim Petition No.1235/2010 holding the deceased contributing to the motor vehicular accident and awarding compensation of Rs.10,82,020.00.

(2.) The Appellants filed the above referred Claim Petition for compensation under Sec. 166 of the M.V.Act with the contentions that, they were the widow, son and parents of the deceased Dilip Gulabrao Sayare (Sahare). The deceased met with a motor vehicular accident on 5/11/2010 while traveling on the two-wheeler from Mansar to Parshivni. The accident occurred due to rash and negligent driving of another two- wheeler which was coming from the opposite direction in rash and negligent manner. The deceased was 38 years old and earning Rs.18,000.00 per month as the salary. They claimed the compensation to the tune of Rs.23,00,000.00 with interest at the rate of 18% per annum. Both the Respondents contested the Claim Petition by filing their respective written statements. They denied the contentions of the Appellants. The Respondent No.2 - Insurance Company contended that, it was the case of contributory negligence.

(3.) On the basis of the pleadings, the learned Tribunal framed the issue. The Appellant No.1 filed her evidence affidavit in support of the Claim Petition. The Appellants examined the witness to prove the income of the deceased. The Appellants brought on record the police papers and other relevant documents in support of the Claim petition. No evidence was led by the Respondents. Considering the evidence available on record, the learned Tribunal passed the above referred Judgment and Award.