NANDINI DEEPAK PATIL Vs. SUBBA RAO R PERAIAH

JUDGEMENT

(1.) Present appeal has been filed by the original claimants challenging the judgment and award passed by the learned Member of the Motor Accident Claims Tribunal, Dhule, in Motor Accident Claim Petition No. 149 of 2010, dated 25-08-2015, on the ground that whatever has been awarded, is not just compensation. [Parties are referred as per their nomenclature before the Tribunal.]

(2.) The claimants had come with a case, that deceased Deepak Yuvraj Patil was the husband of claimant no.01. Claimant no.02 is the daughter of claimant no.01 and deceased Deepak. Claimants no.03 and 04 are the parents of Deepak. Deepak was coming on the motorcycle bearing no. MH-18/U-7468 on 10-01-2010 from June-Bhadane road. He was going towards Ner. When he reached on national highway no.06 near Ner Shivar around 09.30 a.m., he was dashed by truck bearing no. AP-27/X-1139 which had come from the opposite direction. Deepak had sustained serious injuries and was then admitted to Sanjivni Hospital, Dhule. However, later on he succumbed to those injuries. It was contended that the said accident had taken place due to the negligence on the part of the driver of the truck. The truck was owned by original opponent no.01 and was insured with opponent no.02. It was stated that deceased was 30 years of age working in Sresta Natural Bio-Products Pvt. Ltd. and was getting salary of Rs. 7,203/- per month. He was also an agriculturist and was getting Rs. 3,000.00 per month from agricultural lands and, therefore, claimants had claimed compensation of Rs. 10,00,000.00.

(3.) The matter proceeded ex parte against opponent no.01. Opponent no.02 - Insurance Company filed written statement and denied all the contentions. It was specifically denied that the accident had taken place due to the rashness and negligence on the part of the truck driver. Age, occupation and income of the deceased was challenged.