CHHABUTAI SANJAY TUPATKAR Vs. GOVIND HARUSCHANDRA WASNIK

JUDGEMENT

(1.) By this appeal appellants on ground of inadequacy of compensation awarded have taken exception to judgment and order dated 5.9.2002 passed by Member of Motor Accident Claim Tribunal, Amravati in Claim Petition No. 254/1996 partly allowing their claim of compensation to tune of Rs. 7,70,000/- (inclusive of no fault liability amount) with interest thereon at the rate of 9% per annum from the date of petition till realization of the said amount, out of claim of Rs. 12,00,000/- preferred by them and have prayed for enhanced compensation of Rs. 4,30,000/- with 18% thereon from the date of petition preferred by them.

(2.) Sanjay Tupatkar, husband of appellant No. 1 and father of appellant Nos. 2 to 4 had died in an accident occurred on 20.7.1996 while he was proceeding from Amravati side to Badnera S.T. Stand on National Highway No. 6 near Police Station Chowk, Badnera on Scooter bearing No. MZR-5457 driven by his friend Sudarshan.

(3.) The said accident had occurred due to Luxury Bus bearing registration No. MH-35-449 owned by respondent No. 2 and insured with respondent No. 3 and driven in rash and negligent manner by respondent No. 1 and coming in the opposite direction in process of overtaking vehicles having been on wrong side and having dashed scooter with result of throwing away Sanjay and Sudarshan travelling on scooter and thereafter having ran over them. Even thereafter respondent No. 1 while moving the bus in reverse direction had again ran the bus over them. As a result thereof Sanjay and Sudarshan had died on the spot.