(1.) Present appeal has been filed by the original claimants for enhancement in the compensation awarded by learned Ad-hoc District Judge -2 and Ex-officio Member of Motor Accident Claims Tribunal, Nanded, in Motor Accident Claim Petition No.341 of 2005, dated 04-07-2009, whereby their petition under Section 166 of Motor Vehicles Act, 1988 came to be partly allowed.
(2.) The factual matrix leading to the present case are that, the claimants are the widow and children of deceased Shyamsunder Zawar. Shyamsunder was serving as a Manager on the construction work of "Swastik Decorators Hyderabad," and was getting salary of Rs.5000/- per month. He was 35 years old person. Shyamsunder was standing near Ambika Karyalaya, Nanded with friend Rajesh Kabra around 9.45 p.m. on 11-05-2005. At that time one Minidoor auto bearing No.MH-26/B-3346, owned by respondent No.1 and insured with respondent No.2, came in high speed and gave dash to Shyamsunder from back side. As a result of which, Shyamsunder fell down and sustained grievous injuries. He was rushed to Government Hospital but succumbed to his injuries at about 10.15 p.m. The driver of the Minidoor has been prosecuted by police. The claimants had in all claimed compensation of Rs.7,00,000/- together with interest @ of 12 % per annum.
(3.) Respondent No.1 by filing written statement admitted the ownership of the vehicle and submitted that, it is insured with respondent No.2. It was also admitted that, the accident had taken place in which ultimately Shyamsunder succumbed to the injuries. It was also admitted that, Shyamsunder died due to the dash given by his vehicle but it was denied that, his driver was rash and negligent.