JAI BAI KONDAJI PATHRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants-original claimants having been aggrieved by the judgment and award passed by the learned Member of the Motor Accident Claims Tribunal Thane, dated 10th July 1986 passed in Motor Accident Claims Applications Nos.182 of 1981 and 1 of 1982, have filed these appeals praying for enhancement of compensation on the ground that the Tribunal has misread the evidence while appreciating the evidence by the claimants on the point of quantum and Tribunal has committed error in not granting the full claim made by the claimants before the Tribunal.

(2.) THE Tribunal, by its common judgment dated 10th July 1986, disposed of both the claim applications viz. No.182 of 1981 and 1 of 1982 and allowed the applications partly by granting the compensation in favour of the respective claimants.

(3.) THE original applicants-claimants have filed application before the Motor Accident Claims Tribunal, Thane under section 110 A of the Motor Vehicles Act, on account of accident occurred on 28th April 1981 on the ground that due to negligent driving of motor vehicle i.e. wireless van bearing No.MTU 5818 driven by driver - opponent no.1, the accident took place and caused death of Khandu Waman Khonde and Kisan Khanduji Pathare and both of them at the relevant time were working in the police department. The claim application being Claim Application No.182 of 1981 was filed by the heirs of deceased Khandu Waman Khonde and prayed for compensation against the opponent an amount of Rs.1,00,000/- and claim application No.1 of 1982 was filed by the heirs of deceased Kishan Khanduji Pathare and claimed compensation from the opponent at Rs.1,25,000/-. It is the case of the applicants that at the relevant time, deceased constable Khandu Khonde was earning Rs.600/- to Rs.650/- per month while deceased Kishan Pathare was drawing salary at Rs.800/- to Rs.900/- per month. Constable Khandu Khonde and Head Constable Kishan Pathare alongwith other staff were deputed for Bandobast duty on that day and when the said wireless van came to Mastan Naka at about 9 or 9.30 p.m. while returning back to Manor the accident occurred due to negligence driving of the said wireless motor van. On behalf of the opponent State of Maharashtra, the claim application was resisted by filing the written statement Exhibit 12 and denied the claim of the claimants. It was also denied that the drier of the vehicle was not rash and negligent and it is the case of the opponent-State that the accident occurred due to the reason beyond the control of driver and it is the act of god and also denied the claim about the liability to pay the compensation. The Motor Accidents Claim Tribunal, after appreciating the oral and documentary evidence, has held that the driver of the vehicle has failed in his duties which resulted into the accident and the accident has occurred and further on considering the evidence on the point of quantum the Tribunal has considering the income of the deceased and their age, has held that heirs of Khandu Waman viz. applicants are entitled to get compensation of Rs.72,000/- against the claim of Rs.1,00,000/- and heirs of deceased Kishan Pathare the applicants are entitled to get the compensation of Rs.72,000/- as against the claim of Rs. 1,25,000/- and accordingly, both the claim applications were allowed partly with proportionate costs and awarded interest at the rate of 6% p.a. from the date of the filing of the petition i.e. from 2nd November 1981.