R. M. Savant, J. - (1.) Admit. With the consent of the Learned Counsel for the parties heard forthwith.
(2.) The above First Appeal challenges the judgment and order dated 19.09.2013 passed by the Learned Member of the Motor Accident Claims Tribunal, Mumbai ("MACT" for short), by which order, the application in question being Application No.3534 of 2005 came to be allowed and the claimants were held entitled to compensation of Rs.8,01,000/- which was directed to be paid jointly and severally by the owner of the vehicle and the Insurance Company i.e. Appellant herein.
(3.) The facts involved in the above First Appeal can in brief be stated thus : The Respondent Nos.1 to 5 herein are the original claimants and are the widow of the deceased one Harendra Singh Lal Bahadur Singh, children of the deceased and the parents of the deceased. The said Harendra was driving a motorcycle bearing No. MH-04-T-7744 on 19.03.2000 from Mumbai towards Panvel. A motor truck bearing No. MH-04-H-1137 came from the Poynad side of the Panvel Mumbra road and proceeding towards Virar in fast speed and in a rash and negligent manner knocked down the said Harendra. As a result the said Harendra sustained serious injuries and was removed to the MGM, Kamane hospital but he succumbed to the injuries in the hospital. The accident was reported to the Taloja Police Station by PSI Yashwant Chawan and upon his report offence was registered at Taloja Police Station being C.R. No.32 of 2000 against the driver of the truck. The said offence was registered under Section 304A, 279, 338 and 427 of the IPC. During the course of the investigation, the investigating officer drew spot panchanama, inquest panchanama and recorded statement of the witnesses. The doctor who conducted the autopsy of the deceased gave the reason of the death of the deceased as "Cardio respiratory failure due to head injury neurological shock due to vehicle accident". The Applicants thereafter filed instant Application No.3534 of 2005. After narrating the aforesaid incidents in the said application, it was the case of the Applicants that the deceased Harendra was 35 years of age and was doing business of crane hiring and earning Rs.5000/- per month. It was further the case of the Applicants that due to the accidental death of the deceased, they have sustained heavy financial loss and mental agony. They, therefore, prayed that they be compensated in the sum of Rs.7,00,000/- and that the insurer and the owner of the vehicle be held jointly and severally liable for the same.;