VIMLABAI BHAYYALALSING RAJPUT (BHANDARI) Vs. ANIL DADARAO WAGHMARE

JUDGEMENT

(1.) This appeal is preferred against the Award dated 6.7.2005 rendered by the Chairman, Motor Accident Claims Tribunal, Buldana in Motor Accident Claims Petition No. 84/2001 on the ground that the compensation awarded is inadequate and not just.

(2.) The appellant nos. 1 to 3 are respectively the widow and the sons of the deceased Bhayyalalsing Rajput. Appellant no.4, mother of the deceased, expired during the pendency of this appeal and, therefore, her name was deleted from the array of respondents. Respondent no.1 is the owner of the taxi involved in the accident and respondent no.2 is the insurer of the taxi. Respondent no.3 is the owner of S.T. Bus, another vehicle involved in the accident.

(3.) In the present case, the accident took place in between 5.00 a.m. and 6.00 a.m. on 12.2.2001 on Beed Gevarai Road, near Ranjani Shivar within the limits of Gevrai Police Station, District Beed. At that time deceased Bhayyalalsing was travelling by a taxi bearing registration no. MH23/C321, the owner of which was respondent no. 1. This taxi, as claimed by the appellant was being driven rashly and negligently, as a result of which it gave dash to a stationary S.T. Bus belonging to respondent no.3 bearing registration no. MH20/D3474. In this accident, deceased Bhayyalalsing and four others, who were also occupants of the taxi sustained grievous injuries and succumbed to those injuries on the spot. The petitioners claiming compensation for the loss of deceased Bhayyalalsing, who were dependent upon him, filed claim petition under Section 166 of the Motor Vehicles Act. It was resisted by respondent nos. 1 and 2, who filed their separate written statements. Though the occurrence of the accident was admitted by them, they denied that the driver of the taxi was responsible for causing of the accident. The respondent no.2 also took an objection that the offending taxi was transporting more passengers than it was permitted to do and thus, there was breach of the terms and conditions of the insurance policy.