APARNA MANOHAR INDAPWAR Vs. BACCHUBHAI KARSANBHAI RATHOD

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 17.6.1997 passed by the Motor Accident Claims Tribunal, Amravati, in Motor Accident Claim Petition No.18 of 1991 dismissing the entire claim petition, the appellants who are the original claimants have filed the instant appeal.

(2.) Factual matrix :

(3.) After the car crossed mouza Mozari on National High Way No.6- Nagpur-Amravati Road, and was proceeding towards Amravati, a loaded truck bearing registration No. GJ-3/T-525 owned by respondent no.1 and driven by respondent no.2 came from Amravati side in excessive speed and in between village Shendola Khurd and Fattepur, about 29 kms. from Amravati, dashed against the Fiat car. Respondent no.2 who was driving the truck rashly and in excessive speed had lost his control over the truck. The dash against the car was so severe that the car which was going towards Amravati changed its direction towards Nagpur. The entire front portion of the car as also the complete driver side and major portion of left side of the car was badly damaged. Due to severe impact of the truck with the car, the driver of the car Manohar died on the spot and the other occupants of the car were thrown on the road and sustained several internal and external injuries. The truck involved in the accident was insured with respondent no.3 and the fiat car was insured with respondent no.4.