DNYANDEO KARBHARI NAGARE Vs. GITARAM SHANKAR WAKCHAURE

JUDGEMENT

(1.) ALL four appeals challenge the decisions of the Motor accidents Claims Tribunal, Ahmednagar, which were claims arising out of one and the same accident.

(2.) ON 8. 5. 1986, at about 9. 15 a. m. , deceased Madhav and his wife Parvatabai were going on motor cycle. It is said that they were travelling from east towards west and while they were about to cross a square, a goods truck No. MHF 6541, which was travelling from north to south, knocked down the motor cycle in the square. It was the claim of all the claimants that the truck driver drove the truck in total disregard of travelling of motor cycle and signal given by the motor cycle driver, i. e. , deceased Madhav. It is said that, Madhav and his wife died on the spot and the motor cycle suffered extensive damages.

(3.) FOUR appeals are the appeals against decisions in Motor Accident Claim Petition (M. A. C. P.) Nos. 187, 179, 180 and 178 of 1986 respectively. M. A. C. P. No. 187 (First Appeal No. 356 of 1991) was filed by Dnyandeo, the brother of the deceased for the purpose of compensation by way of damages because of damage caused to the motor cycle in the accident, as the motor cycle was owned by dnyandeshwar. As against the claim of rs. 11,000, learned Tribunal has awarded damages of Rs. 9,500. M. A. C. P. No. 179 of 1986 (First Appeal no. 357 of 1991) was filed by the children of deceased couple, seeking compensation of Rs. 80,000 towards death of their mother parvatabai. The Tribunal has allowed the claim to the extent of Rs. 32,000. M. A. C. P. No. 180 of 1986 (First Appeal no. 358 of 1991) was also by the children, seeking compensation of Rs. 1,00,000 towards the death of their father Madhav. The claim is granted in full by the Motor accidents Claims Tribunal. M. A. C. P. No. 178 of 1986 (First Appeal no. 359 of 1991) was filed by parents of the deceased Madhav, seeking compensation towards death of their son, to the extent of Rs. 40,000. This claim is granted by the Tribunal to the fullest extent.