PRAMILA RAMESH PAGAR Vs. RAMNAYAK DUBE

JUDGEMENT

(1.) The appellants herein have challenged the judgment and award dated 17.8.1996 passed by the learned Tribunal, Nashik in Motor Accident Claim Petition No. 177 of 1990.

(2.) By the impugned judgment and award, the Claims Tribunal has awarded total compensation of Rs.92,000/- with interest at the rate of 9% per anum from the date of application till actual payment.

(3.) The appellant no.1 is the widow, the appellant nos.2, 3 and 4 are the children and the appellant no.5 is the father of the deceased Ramesh Pagar who died in a motor vehicular accident on 16.12.1989. The facts in brief are that the moped driven by the deceased Ramesh Pagar with a pillion rider had dashed a against truck bearing No. MCU 1208, which was stranded on the road due to bursting of tyres. The said truck was fully loaded with iron bars, protruding outside the body of the truck. The moped rammed against the said vehicle as a result the iron bars pierced through the body of the rider. The rider of the moped as well as the pillion rider died on the spot as a result of the injuries sustained in the said accident.