SUNANDABAI GULABRAO SANER Vs. RAJENDRA BHASKARRAO VABHANDIK

JUDGEMENT

(1.) In this Appeal, there is challenge by original Claimants to the judgment and award dtd. 19/4/2011 passed by learned MACT, Dhule in MACP No. 973/2009.

(2.) Present Appellants - Original Claimants set up above Claim Petition by invoking sec. 166 of Motor Vehicles Act, 1988 against owner/driver of the car and its insurer i.e. present Respondents contending that, on 14/7/2009 at about 05.00 p.m., while Deceased Gulabrao Saner was proceeding on motorcycle bearing no. MH-18-S- 9421 from village Nardana to Village Betawad, when he reached in the vicinity of village Varud, a car bearing registration no. MH-18-W-803 came in opposite direction and gave dash to the motorcycle. As a result of said accident, deceased died on the spot. It is contended by claimants that, the deceased was serving as a teacher in Vivekanand Vidhyalaya, Khalane and was receiving salary of Rs.29,747.00 p.m and thereby set up a claim of award of compensation of Rs.25,00,000.00.

(3.) The above claim petition was contested by present Respondent No. 2. Owner /driver did not contest. Insurance company, by filing written statement at Exhibit 13, denied all contentions of claimants and claimed that, deceased himself was rash and negligent in driving vehicle and was responsible for the accident. After appreciating the oral and documentary evidence adduced by claimants, learned Tribunal recorded a finding that, claimants proved that, there was rash and negligent driving on the part of offending vehicle insured by Respondent No.2 and considering the same as a base, awarded total compensation to the tune of Rs.14,32,756.00 with 9% interest p.a. Being dissatisfied by the above judgment and award, Claimants have challenged the said award by filing instant Appeal. Appeal.