DIVISIONAL CONTROLLER, MSRTC Vs. LATIKABAI AND ORS.

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicle Act, 1988 (for short, the said Act) has been preferred by the owner of the offending vehicle so as to challenge the judgment of the Claims Tribunal awarding compensation to the claimants.

(2.) The facts in brief are that one Vinod Dhawas was serving at the Ordnance Factory Nagpur. On 15-5-2002 at about 9 p.m. when he was proceeding on his bicycle towards Wadi, he was dashed by a State Transport Bus owned by the appellant. As a result of that accident, the said Vinod suffered fatal injuries. A claim petition under Section 166 of the said Act was claiming compensation of Rs.13,50,000/-.

(3.) Before the Claims Tribunal, the claimant No.1 - widow was examined. She placed on record the salary certificate of the deceased along with various other documents. Another witness who was serving in the Ordnance Factory was also examined. On that basis, the Claims Tribunal held that the driver of the offending vehicle was responsible to the extent of 80% for the cause of the accident and thus awarded compensation of Rs.10,36,000/-. Being aggrieved, the appellant has challenged the said judgment.