LAWS(BOM)-2018-2-167

KESHAVRAO Vs. FAIZAN KHAN

Decided On February 21, 2018
KESHAVRAO Appellant
V/S
Faizan Khan Respondents

JUDGEMENT

(1.) By this appeal, the appellants-claimants have challenged the judgment and order dated 09.12.2016 passed by the Motor Accident Claims Tribunal (Tribunal) in M.A.C.P. No. 24/2013, whereby the Tribunal has dismissed the claim petition of the appellants-claimants.

(2.) In the instant case, on 08.12.2012, the wife of the appellant no.1, was travelling in an auto-rickshaw, which was given a violent dash from the back side by a truck driven by respondent no.1. This truck was owned by respondent no.2 and insured by the respondent no.3 Insurance Company. The wife of the appellant no.1 suffered serious injuries in this accident and she died. Crime was registered in respect of the said incident for the offences under Sections 304-A, 279, 337 and 427 of the Indian Penal code.

(3.) At the time of her death, the wife of appellant no.1 was working as Headmistress in a school, run by the Zilla Parishad. She was 57 years old at the time of her death. The appellants being the husband, son and mother-in-law of the deceased, filed the aforesaid claim petition before the Tribunal, seeking compensation of Rs.40,000,00/- along with interest.