LAWS(BOM)-2009-12-39

LAHU LAKMA BIJE Vs. KIRTIKUMAR DAYALJI KOTHARI

Decided On December 19, 2009
LAHU LAKMA BIJE Appellant
V/S
KIRTIKUMAR DAYALJI KOTHARI Respondents

JUDGEMENT

(1.) These First Appeals challenge the common award of the Motor Accident Claims Tribunal, Thane in Motor Accident Claim Application Nos.398 to 406 of 1983. The Tribunal has dismissed the claim applications on the ground that the insurance company was not liable to pay compensation.

(2.) The facts giving rise to the present appeals as under:

(3.) Motor Accident Claim Application Nos.398, 399, 400, 401 of 1983 were filed by one Lahu Lakma Bije claiming compensation for the death of his wife, minor son Sitaram, minor daughter Nimoni and minor daughter Sunder respectively. The compensation claimed was Rs.50,000/-, Rs.35,000/-, Rs.30,000/- and Rs.20,000/- respectively. Devu Buthai Bhurkud is the claimant in respect of MAC No.402 of 1983 and 403 of 1983 claiming compensation for the death of his sons Madhya and Sadya of Rs.30,000/- and Rs.25,000/- respectively. The claimants in the other applications are the victims, who survived the accident.