DINKAR SADASHIV BADHE Vs. MUNICIPAL COMMISSIONER

JUDGEMENT

(1.) This appeal arises out of order/award dated 15/11/2008 passed in consumer complaint no.122/2008 Mr.Dinkar Sadashiv Badhe & another V/s. Municipal Commissioner, Thane Municipal Corporation, Panchpakhadi, Thane by District Consumer Forum, Thane (Forum below in short).

(2.) Appellants/original complainants are the parents of the late Siddhesh and late Nikhil. Late Siddhesh and Nikhil died in a road accident near Manisha Nagar, Kalwa area of Thane Municipal Corporation on 30/9/2005. Both of them were going to school on their bicycle and fell on the road when their bicycle bumped on from one of the ditches of the road. They were crushed under the wheels of a truck coming from behind them and died. It is contended on behalf of the complainants that since the Thane Municipal Corporation failed to take proper care and did not maintain the roads properly, the accident had taken place and therefore they claimed Rs.10 lakhs as compensation by filing a consumer complaint. Forum below dismissed the complaint and feeling aggrieved thereby, this appeal is preferred by the original complainants.

(3.) We heard one of the appellants Mr.Dinkar Sadashiv Badhe for himself and on behalf of his wife. Perused the record.