SUMAN RAGHUNATH WAGH Vs. NANDLAL MANIKCHAND KUNKULOL

JUDGEMENT

(1.) Heard. Admit. With consent of the parties, the appeal is taken up for final hearing.

(2.) Heard Mr. Bhapkar, learned Advocate appearing for the appellant and Mr. Sudhir Kulkarni, Advocate for the respondent No.2. Since the arguments are advanced only on the point of quantum, brief reference to the fact will suffice.

(3.) On 14.08.1995, son of the claimants aged 22 years was proceeding in a Jeep from Pune to Jejuri. That time, truck coming from the opposite side was driven rashly and negligently and on account of rashness of drivers of both the vehicles, the accident took place and the deceased died. The crime was registered against the truck driver. The opponent Nos. 1, 2 and 3 in the trial court are driver, owner and insurer of truck. Opponent Nos. 4, 5 and 6 in the trial court are driver, owner and insurer of the Jeep. During the pendency of the claim, the opponent Nos. 1 to 4 were deleted and the claim proceeded only against the owner and insurer of the Jeep. The deceased was travelling in the Jeep and there was comprehensive policy with additional premium for the passengers with limited liability to the extent of Rs. 1,00,000/-.