VIDARBHA IRRIGATION DEVELOPMENT CORPORATION THR ITS EXECUTIVE ENGINEER, SHAHNOOR PROJECT DIVISION, ACHALPUR, TQ ACHALPUR DIST AMRAVATI Vs. LILABAI WD/O RAMKRISHNA YEUL
LAWS(BOM)-2017-6-271
HIGH COURT OF BOMBAY
Decided on June 23,2017

Vidarbha Irrigation Development Corporation Thr Its Executive Engineer, Shahnoor Project Division, Achalpur, Tq Achalpur Dist Amravati Appellant
VERSUS
Lilabai Wd/O Ramkrishna Yeul Respondents

JUDGEMENT

Shalini Phansalkar Joshi, J. - (1.) In MACP No.48/2001 decided on 30/09/2005, the MACT, Achalpur directed the appellant to pay compensation to the tune of Rs.2,25,000/ along with interest at the rate of 9% per annum from the date of petition till realization. Hence being aggrieved thereby, the instant appeal is preferred.
(2.) Facts of the appeal can be stated in brief as follows : Respondent No.1 is the widow of deceased Ramkrishna. Respondent Nos.2 to 5 are their children. On 01/10/1996 while deceased was proceeding to Anjangaon from Pandhari on his bicycle, the jeep bearing registration No.MGS506 came from opposite direction in high speed and gave dash to the deceased. As a result, deceased along with his bicycle was dragged upto distance of 140 ft. He received various injuries in the said accident and was declared dead when he was brought to the hospital. In respect of the said incident, the offence was registered at Anjangaon police station against respondent No.7 who was driving jeep at the relevant time. Said jeep was belonging to the appellant and respondent No.6 was incharge of the said jeep. Hence respondent Nos.1 to 5 filed a petition before the Tribunal claiming compensation from the appellant, respondent No.6 and respondent No.7 jointly and severally.
(3.) As regards quantum of compensation, it was submitted that deceased was working as labourer and was earning Rs.5070 per day. He was contributing amount of Rs.40 per day to his family members after deducting his personal expenses. At the time of accident he was 45 years of age. Hence total amount of compensation claimed by respondent Nos.1 to 5 was Rs.3,30,000/.;


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