SANTOSH S/O KAHDUJI MANGRULKAR Vs. ABDUL JABBAR S/O ABDUL RAHIM
LAWS(BOM)-2017-6-276
HIGH COURT OF BOMBAY
Decided on June 27,2017

Santosh S/O Kahduji Mangrulkar Appellant
VERSUS
Abdul Jabbar S/O Abdul Rahim Respondents

JUDGEMENT

Shalini Phansalkar Joshi, J. - (1.) As both these appeals are arising out of one and same judgment of Motor Accident Claims Tribunal, Nagpur in Claim Petition No.815 of 1999 decided on 04.08.2014, they are decided by this common judgment and order. By the impugned judgment, the learned Tribunal has partly allowed the claim petition, thereby entitling the claimant to get the total compensation of Rs.1,60,500/ with interest at the rate of 7.5% per annum from the date of petition, till the date of payment. Being aggrieved by the same the original claimants have preferred First Appeal No.1121 of 2014; whereas the original respondent No.1, the owner of the offending vehicle, has preferred First Appeal No.400 of 2015. For the sake of convenience the parties are referred to by their original nomenclature.
(2.) Brief facts of the appeals can be stated as follows : The petitioner No.1 is the father, petitioner No.2 is the mother and petitioner Nos.3 and 4, are the sisters of deceased Abdul Shakeel, who died in a motor accident on 01.01.1999. As per the case of the petitioners, on that date at about 01:45 hrs. deceased was driving his Maruti Esteem Car No.DD03 A0833 from Chandrapur to Nagpur. At Khapri, the deceased and other occupants of the car had a dinner at Dhaba and thereafter they left for Nagpur. When the car reached in front of Vidarbha Bottlers on ChandrapurNagpur road in night, it collided with the trolley bearing No.MH34 F407 of the tractor bearing No.MH34 F191, which was proceeding ahead of the car. It was the contention of the petitioner that the trolley was not having any indicator or parking light nor it was having plough lamp. Therefore, deceased could not have identified the tractor and collided with the trolley of the tractor from its rear side. As a result of the said collusion deceased sustained grievous injuries and succumbed to death. Similarly, other occupants in the car also sustained grievous injuries. Police have however registered an offence vide Crime No.3 of 1999 under Sections 279, 338, 304A and 427 of the I.P.C. against the deceased at Sonegaon Police Station.
(3.) According to the petitioners the deceased was not at all responsible, at least not alone responsible, for the accident, thought the Police has registered offence against him alone. Hence, they have filed petition for compensation against the respondents before the Tribunal. It was submitted by them that at the time of accident deceased was 26 years and serving as a Mechanic with M/s. Nagpur Auto Deal and getting salary of Rs.5000/ per month. Due to his untimely death, the petitioners had lost their only source of income and, hence they were constrained to approach the Tribunal seeking compensation of Rs.5,00,000/ jointly and severally from respondent No.1 who was the registered owner of the offending tractor and trolley and respondent No.2, with whom the tractor and trolley were insured with.;


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