ANNAPURNA AND ORS. Vs. JASPAL AND ORS.

JUDGEMENT

(1.) The original claimants in Motor Accident Claims Petition ("MACP", for short) No.121/1996 have filed this appeal for enhancement of the compensation, against the judgment and award passed by the Maharashtra Accident Claims Tribunal ("Tribunal", for short), Parbhani, whereby compensation of Rs.7,10,000.00was awarded by the Tribunal. Respondent Nos.1 and 2 are the driver and owner of the offending vehicle, respectively. Respondent No.3 is insurer of the offending vehicle i.e. truck No. CTR8270.

(2.) Facts leading to institution of Claim Petition are that when deceased Baswaraj, who used to work as Assistant Engineer in Zilla Parishad, Parbhani, was riding his motorcycle at about 9.30 p.m., by Akhada to Hingoli road, the offending truck gave dash to that motorcycle, resulting into death of the deceased. The accident occurred due to rash and negligent driving by driver of the offending vehicle. Therefore, the dependants filed this claim petition under Sec. 166 of the Motor Vehicles Act, 1988 before the Motor Accident Claims Tribunal, Parbhani.

(3.) Heard Shri Sachin S. Deshmukh, learned counsel for the appellants and Shri A.G. Kanade, learned counsel for respondent No.3