KELKAR Vs. SHRIPAD NARAYAN GORE

JUDGEMENT

(1.) This is an appeal under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and award dated 20th July, 2001 passed by the learned Additional Member, M.A.C.T., Pune, in Claim Petition No.991 of 1995. By the impugned judgment and award the Claims Tribunal has awarded total compensation of Rs.82,200/-with interest @ 9% per annum from the date of the application till realisation of the amount.

(2.) The Respondent No.1 was the husband and the Respondent No.2 is the son of the deceased-Nirmala, who died on 22/2/1995 in a motor vehicular accident. The respondent nos.1 and 2 shall be hereinafter referred to as 'the claimants'.

(3.) It was the case of the claimants that on the relevant date the deceased was a pillion rider on a Moped bearing No.MZD 6354, which was driven by the Claimant No.1. While they were proceeding towards their residence by Soos road, a truck bearing No.MH-12-7297 (transit mixer vehicle) dashed against the moped and fled away from the scene of the accident. Said Nirmala died on the spot due to the injuries sustained in the accident. One of the persons who was present at the place of the accident had noted down the number of the offending truck as MH-12-7277 involved in the accident. Based on the information given by the said person, Claimant No.1 lodged the FIR against the driver of the truck bearing No.Mh-12-7277. In the course of the investigation, it was revealed that the truck involved in the accident was bearing No.MH-12-7297 and the same was driven by the Respondent no.3-Surendra Baban Shinde. The investigating officer therefore filed a charge sheet against the Respondent No.3 for driving the vehicle in a rash and negligent manner and thereby causing death of Nirmala.