ASHA Vs. V ANSANEYALU

JUDGEMENT

(1.) Present appeal has been filed by the original claimants for enhancement in the compensation.

(2.) The appellants-original claimants had filed M.A.C.P. No.132/2014 before Ex-officio Member, Motor Accident Claims Tribunal, Latur for compensation under Sec. 166 of Motor Vehicles Act, 1988. The claimants are the legal heirs of Gopal Dilip Pawar. It was contended by them, that he was a supervisor serving with Yogesh Transports, Pune and was getting salary of Rs.12,000.00 per month. He was proceeding in a pick up van bearing No.MH 24/J-9349 towards Aurangabad for sale of vegetables at about 4.30 a.m. on 31.03.2014. When the vehicle reached near village Adul, a truck bearing No.AP 04/TU-1824 came from wrong side in high speed and gave dash to the pick up van from which Gopal was travelling. Gopal sustained injuries and admitted to hospital, however, he succumbed to the injuries. Under those circumstances, the claimants had claimed compensation and restricted it to Rs.5,00,000.00 for court fee. It was also stated that respondent No.1 being driver, respondent No.2 being owner and respondent No.3 being the insurance company of the offending vehicle are liable to pay compensation to them, jointly and severally.

(3.) Respondent Nos.1 and 2 filed common written statement, whereas respondent No.3 filed separate written statement denying all the averments in the petition. Age, occupation and income of the deceased was challenged, so also dependency of the claimants on him. They have denied the fact of accident and manner in which it had taken place as narrated in the petition. The insurance company has taken statutory defences. It was also contended by them that the accident took place due to negligence on the part of pick up van and therefore, driver, owner and insurance company of the pick up van are necessary parties to the proceedings.