CHANDABAI WD/O GAUTAM WANKHEDE Vs. LAXMANDAS S/O GULLUMAL FULWANI (DEAD)
HIGH COURT OF BOMBAY
Chandabai Wd/O Gautam Wankhede
Laxmandas S/O Gullumal Fulwani (Dead)
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Shalini Phansalkar Joshi, J. -
(1.) This is an appeal filed by the original claimants, being aggrieved by the judgment and award dated 07/10/2003 passed by the Additional Member of Motor Accident Claim Tribunal, Akola in M.A.C.P. No. 23/2002.
(2.) Brief facts of the appeal can be stated as follows: Appellant no.1 is the mother, whereas appellant nos.2 to 4 are the brothers of the deceased Premsagar. On the date of incident on 12/11/2001, deceased was traveling along with his father on Kinetic Honda Scooter bearing no. MH30G9927 from Mangrulpir to Karanja. On the way, Luxury Bus bearing no. MH30 A9981 coming from opposite side, gave dash to the scooter of the deceased. As a result, both deceased Premsagar and his father died in the said accident, on account of the dash given by the Luxury Bus.
The Luxury Bus was insured with respondent no.3, whereas it was owned by respondent no.2 and driven by respondent no.1. Hence, they are sued for the amount of compensation on account of untimely death of the deceased. It was averred by the appellants that deceased was earning Rs.1200/ per month by working in the Xerox Centre of witness no.2 Deolal Ingole. On account of his death, they have lost their only source of income, and hence they claimed the compensation to the tune of Rs.4,00,000/.
(3.) The respondent no.1's name was deleted from the petition, whereas respondent no.2 remained absent though duly served, and hence, petition proceeded exparte against him.;
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