K.D.TATAKARE Vs. MADHUSUDHAN KRISHNAJI GOKHALE

JUDGEMENT

(1.) THE instant First Appeal is directed against the judgment and award dated 16th January 1988 passed by the District Judge and Ex. Officio Member, M.A.C.T. Satara, in Motor Accident Claim Petition No. 145 of 1986 whereby the Tribunal directed the Appellant and original Opponent no.2 to pay a sum of Rs.78,000.00 to the Applicants no.1 to 3 together with future interest @ 12% from the date of the application till payment.

(2.) THE present Appellant is Original Opponent No.1, who is owner of truck No.MWT-9194. Present Respondent nos.1, 2 and 3 are the original Applicants. Respondent no.4 is the driver of the Appellant. Respondent no.5 is the New Indian Assurance Co. Ltd. with whom the truck of the present Appellant is insured.

(3.) THE truck left Birwadi for Pune and later on from PUne it was going towards Karnataka. Another truck bearing no. MTO 6931 was parked on the left side of the road due to some mechanical defect. According to the Applicants, the truck driven by Respondent no.4 gave forceful dash from behind to the stationary truck due to which, deceased Sudhakar received injuries and succumbed to death. According to the Applicants the said accident was due to rash and negligent driving of Respondent no.4. The Applicants had restricted their claim to Rs. 2,51,525.00.