KALPANA VILAS SHINDE Vs. JAGADISH VISHNU AVSARKAR

JUDGEMENT

(1.) THE original claimants, being not satisfied with the amount of compensation awarded by the Motor Accident Claims Tribunal, kolhapur in Motor Accident Claim No. 901 of 2003, have preferred the present appeal.

(2.) FACTS, which are not in dispute are that the deceased Vilas shinde was the husband of the appellant no. 1 and father of the appellant nos. 2 and 3, who were aged about 9 and 3 years respectively at the time of accident. Said Vilas Shinde was proceeding alongwith one Jagadish avsarkar by car bearing no. MH-04/aw 8607 belonging to Jagadish from Wada to Vikramgad. When the car reached near village Koikani pada, Jagadish lost the control over the car and, therefore, car went off the road and first dashed to one iron poll and then to a tree. The accident occurred because of the high speed and rash and negligent driving by said Jagadish. In the said accident, Jagadish as well as Vilas died on the spot. Car was insured with the respondent no. 2.

(3.) DATE of birth of the deceased was 27. 7. 1968 and was aged about 35 years at the time of his death. He was serving as a tracer in the construction Division of Panchayat Samiti at Jawahar. In the normal course, he would have retired on attaining age of 58 years, i. e. , the age of superannuation. According to the appellants, after the implementation of Vth Pay Commission, his salary was fixed in the scale of Rs. 3,200-85-4900 and the gross salary for the month of April, 2003 was Rs. 7,228/ -. Taking into consideration the loss of salary and the period he would be in service had this accident not occurred and loss of dependency, appellants claimed an amount of Rs. 9,28,776/- as compensation.