PRIYA Vs. JAGATARSINGH KISHANSINGH THANDRI

JUDGEMENT

(1.) This appeal is directed by Original Claimants in MACP No. 205 of 2008, against the judgment and award passed by the Motor Accident Claims Tribunal Beed (hereinafter referred as 'MACT'), dismissing the claim petition for compensation.

(2.) Appellants are original claimant Nos. 1 and 2. Respondent No. 1 is owner of the offending tanker, respondent No. 2 is insurer of that tanker, respondent No. 3 is the owner of the car and respondent No. 4 is the insurer of that car which is involved in the accident. Respondent Nos. 5 and 6 are parents of the deceased, who were Original Claimant Nos. 3 and 4 respectively (hereinafter the parties are referred in accordance with their status in the original proceeding).

(3.) Facts, in nut shell, are that on 7.11.2007, the deceased who used to work as Assistant Lecturer in Government Medical College, Miraj, was proceeding towards his native place for Diwali festival by car No. MH-13/AC-0464. When they reached near Nagzari Shivar, on Georai to Aurangabad National High Way No. 211 at about 8.30 to 9.00 p.m., the car driven by the deceased suddenly dashed on the rear side of the offending tanker, which was wrongly parked on the middle of the road, without putting on parking indicators and reflectors. In that accident, the deceased died on the spot. Claimant Nos. 1 and 2, who were also travelling by the said car as passengers, sustained minor injuries. Due to accidental death of the deceased on account of rash and negligent act of the driver of the offending tanker, the claimants filed claim petition before the Tribunal under Sec. 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'M.V. Act').