NARAYAN RAMCHANDRA BOGARE Vs. RATANLAL CHUTAN WALMIKI

JUDGEMENT

(1.) THIS is an appeal against the judgement dated 6th October, 1986 in M.A.C. application No. 118 of 1982 on the file of M.A.C.T., Thane. Respondents have filed cross - objections. Respondents and their Counsel absent. Heard the learned Counsel for the appellant.

(2.) THE respondents who are the parents of Rain Khilari, filed a claim petition in the Court below. Their case is that their son Ram Khilari aged about 19 years was going on a bicycle on 7.12.1981. The truck driven by the first respondent bearing MRQ 221 came on that road being driven in rash and negligent manner and as a result of the impact the Ram Khilari fell down from the bicycle and sustained serious injuries and died as a result of the same. The parents have filed claim petition claiming compensation of Rs. 50,000/ - in the Court below for the death of their son.

(3.) THE learned trial Court framed the following issues : Issues 1. Do the applicants establish negligence on the part of the driver of the vehicle No. MRQ -221 in driving the same on 7.12.81 ? 2. Is the death of Ram khilari Ratanlal Walmiki is the result of such negligence ? 3. Arc the applicants entitled to compensation of Rs. 50.000/ - If not to what extern1? 4. interest and costs in what manner to be assessed and saddled?