SHOBHA WD/O SHATRUGHAN UMALE Vs. VITTHAL S/O VIYANAND MOHITE
HIGH COURT OF BOMBAY
Shobha Wd/O Shatrughan Umale
Vitthal S/O Viyanand Mohite
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Shalini Phansalkar Joshi, J. -
(1.) Appellants are the original claimants, who have preferred this appeal, challenging the judgment and award dated 23/12/2005 passed by the Member, Motor Accident Claims Tribunal, Akot, Distt. Akola in Claim Petition No. 48/2005, being aggrieved by the inadequate amount of compensation awarded by the Tribunal.
(2.) Brief facts of the appeal, can be stated as follows: Appellant no.1 is the widow and appellant nos.2 to 5 are the minor children of the deceased Shatrughan. At the time of accident, his parents were also alive and they were added as claimant nos.6 and 7. During pendency of the claim petition, they have died, hence their names came to be deleted. Deceased Shatrughan was workng as ASI at Police Station Telhara, District - Akola. At the time of accident, his age was of 45 years and he was the only earning member of his family, getting salary of Rs.6,240/ per month.
(3.) On the date of accident, on 04/10/2001, when deceased was coming from Akot to Telhara along with his colleague Arun Gopnarayan on his motorcycle, one Jeep bearing no. MH30B 7310 came from opposite direction in high speed and gave dash to the motorcycle of the deceased, as a result deceased Shatrughan succumbed to injuries on the spot, whereas his colleague was also seriously injured. As the cause of his death was the rash and negligent driving of the Jeep driver, who is respondent no.1 herein, appellants filed claim petition under section 166 of the Motor Vehicles Act, 1860 (hereinafter will be referred to as "Act" for convenience) before the Tribunal against respondent no.1 the driver, respondent no.2 - the owner and respondent no.3 - insurer of the said Jeep, claiming compensation of Rs.10,00,000/.;
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