REKHA Vs. NATIONAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988 (in short "M.V. Act") challenging the judgment and award dated 18/10/2013 passed by Claims Tribunal, Nagpur in M.A.C.P No.686/2008.

(2.) The Appellants, who shall be hereinafter referred to as the Claimants, had filed an application under Section 166 of the M.V. Act in view of death of Anantrao Jade in a motor vehicular accident on 29/06/2018. The case of the Claimants was that while deceased - Anantrao Jade was proceeding to Borujwada from Saoner by his motor cycle bearing Registration No.MH-40-H-6797, a trax bearing Registration No.MP-28-A-1971 dashed his motor cycle, as a result, he sustained fatal injuries. The Claimants alleged that the accident was caused due to the rash and negligent driving by the driver of the said offending vehicle.

(3.) It was stated that the deceased was 35 years of age and was working in Western Coalfields and earning monthly salary of Rs.12,432. The Claimants being the widow and the minor children of the deceased claimed total compensation of Rs.17,50,000/- from the Respondent Nos.1 and 2 being the insurer and insured of the offending vehicle.