ASHABAI Vs. SANJAY AND OTHERS

JUDGEMENT

(1.) This appeal questions the legality and correctness of the judgment and order dated 6th February, 2007, rendered in Motor Accident Claim Petition No.4/2005 to the extent of quantum of compensation determined by the Tribunal. The petitioner is the mother of deceased Amol, who died in a vehicular accident involving two vehicles on 21.8.2004. He was working as a cleaner on one of those vehicles. It was a Jeep bearing registration No. MH-29-C-698. The other vehicle involved in the accident was also a Commander Jeep bearing registration No. MTN 8653. There was a head on collision between these two vehicles. As a cleaner working on Jeep bearing No. MH-29-C-698 deceased Amol then aged about 23 years, as claimed by the petitioner, used to earn Rs.5,000/. He used to contribute towards maintenance of his family. Because of his untimely loss, the petitioner filed a case under Section 166 of the Motor Vehicles Act (in short, "MV Act") seeking compensation for the same.

(2.) The claim petition was, however, filed against only driver, owner and the insurer of one vehicle bearing registration No. MTN 8653 involved in the accident and the driver, owner and the insurer of the other vehicle were not joined as parties.

(3.) The petition was resisted by all the respondents. They submitted that the accident occurred only for the rashness and negligence shown by the driver of the other Jeep bearing registration No. MH-29-C-698. The respondent No.3 also denied that deceased Amol was working as a cleaner on the jeep.