BABAN MARTAND JADHAV Vs. SHALAN MOHANRAO MOHITE

JUDGEMENT

(1.) The First Appeal has been filed against the award passed by the Motor Accident Claims Tribunal, Pune on 26.11.1991. The deceased was the husband of the appellant No. 1 and the father of appellant Nos. 2 to 6. He was running a stall in the canteen of a compay in Pune. According to the claimants, the deceased met with an accident on 30.9.1982 at Chinchwad bus station while boarding the bus. The claimants, including the wife and children of the deceased, had claimed an amount of Rs.6 lakhs as compensation on the basis that his monthly income was Rs. 5,000/and that he would have survived till the age of 75, since he was hale and hearty prior to the accident.

(2.) The opponent No. 5 Insurance Company filed its written statement contending that there was negligence on the part of the driver of the bus and, therefore, the insurance company would not be solely liable. It had also raised the issue of limitation.

(3.) The appellants herein who were opponent Nos. 1 and 2 before the MACT contended that it was impossible to drive in a rash and negligent manner near the bus station as it was an extremely crowded area. It is contended that since the driver was not negligent the appellants are not liable to pay any compensation.