PREMLATA RAMESHCHANDRA KABRA Vs. BHATU POPAT PATIL

JUDGEMENT

(1.) Present appeal has been filed by original claimants for enhancement.

(2.) The original claimants have filed Motor Accident Claim Petition No.368 of 2011 before Member Motor Accident Claims Tribunal, Jalgaon under Sec. 166 of the Motor Vehicles Act, 1989. They had come with a case that, deceased Nilesh Rameshchandra Kabra was their son who was aged 32 at the time of accident. He was unmarried. He was doing agriculture work and other businesses, such as, milk supply and was getting Rs.8000.00 per month. The original claimants had contended that, deceased was proceeding on his motorcycle bearing No. MH-19/ X- 379 on National Highway No.6, near village Warad, opposite Ramji Food Company, around 3.00 to 3.15 p.m., on 25-01- 2011. One truck bearing No. MH-18/ M-3895 came in high speed from back side and gave dash to the motorcycle driven by the deceased. As a result of which, he fell down and died on the spot. It is contended that, the said accident had taken place due to the sole negligence on the part of the truck driver. The said truck was owned by original respondent No.1 and it was insured on the date of the accident with original respondent No.2. Claimants had claimed compensation of Rs.8,50,000.00 together with interest @ of 24 % per annum from the respondents No.1 and 2 jointly and severally.

(3.) The petition proceeded ex-parte against respondent No.1. Respondent No.2 insurance company filed written statement and denied all the averments in the petition. Age, occupation and income of the deceased was denied specifically. It was also denied that, the said accident had taken place due to the sole negligence on the part of the tuck driver. Statutory defence to exonerate it were also taken.