MAHARASHTRA STATE ROAD TRANSPORT CORPORATION LTD , NAGPUR DIVISION Vs. ALKA WD/O VINOD BANTE
HIGH COURT OF BOMBAY
Maharashtra State Road Transport Corporation Ltd , Nagpur Division
Alka Wd/O Vinod Bante
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Shalini Phansalkar Joshi, J. -
(1.) This appeal takes an exception to the judgment and the order passed by the Member, Motor Accident Claims Tribunal, Nagpur on 13/12/2005 in Claim Petition No.301/2001, thereby awarding compensation of Rs.8,06,000/ to the respondentsclaimants.
(2.) Brief facts of the appeal can be stated as follows: Deceased Vinod was working as Conductor with the appellant Maharashtra State Road Transport Corporation. On 05/09/2000, after completing his duties, deceased was returning on his Scooter, bearing no. MFW8183. At about 1:15 p.m. when he started proceeding on his Scooter from S.T. Depot premises, the S.T. Bus bearing no. MH31/8725 came from opposite direction in a fast speed and gave dash to his Scooter. As a result, the deceased fell down and sustained the injuries. He was admitted in the Government Medical College and Hospital, Nagpur for treatment.
Thereafter, he was shifted to the private hospital. However, he succumbed to injuries on 21/10/2000 during the treatment. The accident was reported to the police and police has registered the offence under section 279, 337 and 304A of I.P.C. against the Bus driver.
(3.) As per the case of respondents, deceased was running about 40 years of age and was in the employment of M.S.R.T.C. He had completed 15 years of service and his last salary was Rs.7,800/ per month. He was the only earning member of the family. On account of his untimely death, the respondents suffered, not only mental shock and agony, but also they have lost their only source of income. Hence they claimed compensation of Rs.13,50,000/ from the appellant, by filing claim petition before the Tribunal under section 166 of the Motor Vehicles Act (hereinafter will be referred to as "Act" for convenience).;
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