MAHADEV VITHAL SUPNUR Vs. SANTOSH BHAUSAHEB SHINDE

JUDGEMENT

(1.) By this first appeal filed under section 173 of the Motor Vehicles Act, 1988, the appellants (original applicants) have impugned the judgment and award dated 11th April,2005 passed by the M.A.C.T., Pune in Civil Application No.1290 of 2002 partly rejecting the claims made by the appellants. None appeared for the respondents though served. Some of the relevant facts for the purpose of deciding this first appeal are as under :-

(2.) The appellants were the original applicants whereas the respondent no.1 was the original opponent no.1 and respondent no.2 was the original opponent no.2 before the Tribunal. The appellants are the parents of the deceased Mr.Vithal Mahadev Supnur. It was the case of the appellants that the said Mr.Vithal Mahadev Supnur (hereinafter referred to as the said deceased) was driving the vehicle motor-cycle bearing no. MH-12/ZA-8231 from Market Yard towards Kondhawa. When the said deceased reached near Defence Colony, the offending vehicle i.e. truck bearing no. MH-16/B-3134 came from back side in a rash and negligent manner and dashed against the motor-cycle. The rider of the motor-cycle i.e. the said deceased fell down and the wheel of the truck went over the head of the deceased. The said deceased immediately died on the spot due to the injuries sustained due to the said accident.

(3.) It was the case of the appellants that the deceased was 22 years old at the time of the accident. He was a bachelor son of the appellants and was working in a Noble Construction Company and was getting salary of Rs.3,000/- per month.