CISF REGIONAL TRAINING CENTRE Vs. RANI ASHOK KAUTHALE

JUDGEMENT

(1.) Present appeal has been filed by the original opponents challenging the judgment and award passed by learned Chairman, Motor Accident Claims Tribunal, Ahmednagar in Motor Accident Claims Petition No. 407 of 2012 dt. 31-03-2017, whereby the petition filed by the present respondents under Section 166 of Motor Vehicles Act, 1988 came to be allowed against them.

(2.) It is not in dispute that deceased Ashok Harakchand Kauthale, aged 30 years, was serving as Constable in CISF Regional Training Center, Suraksha Campus, Takkolam Arakkonamn, Taq and Dist. Vellore in Tamil Nadu at the time of accident.

(3.) Original claimants/ present respondents had come with a case that Ashok was travelling in Lorry Benz bearing No. TN-23-Q-6374, owned by opponent No. 1, around 6.45 a.m. on 22-06-2011. The said vehicle was proceeding from Thiruttani to Tirupathi. One P. T. Yadav was driving the said Lorry. When the vehicle reached near Panpadi village, in order to avoid people who had suddenly appeared before the Lorry, the driver tried to take the vehicle towards left side by applying brakes; he lost control and then the Lorry turned turtle. Ashok had sustained serious injuries and died on the way to hospital. It was contended that the said accident had taken place due to the sole negligence on the part of Lorry driver. Opponent No. 1 being the owner and opponent No 2 being the employer are liable to pay compensation jointly and severally to the claimants. Claimants are the widow, mother and daughter of deceased. Deceased was earning Rs.13,000/- p. m. Claimants had claimed compensation of Rs.20,00,000/- with interest.