BALASAHEB SHAMRAO SALUNKHE Vs. LAXMIBAI YASHWANT JADHAV

JUDGEMENT

(1.) The First Appeal has been filed against the judgment and order of the.Motor Accident Claims Tribunal, Sangli in Motor Accident Claim Petition No. 224 of 1987. The Tribunal while allowing the claim has directed that the compensation of Rs. 82,000/- inclusive of the compensation on account of no fault liability together with proportionate costs and interest @ 12% p.a. from the date of the Petition was payable to the claimants i.e. respondent Nos. 1 to 3 in the present First Appeal. However, the Tribunal has directed that the amount shall be paid jointly and severally by respondent Nos.l and 2 in the claim petition i.e. the appellants herein. The claim petition was dismissed against respondent Nos. 4 to 6 herein, absolving the Insurance Company of any liability for payment of compensation.

(2.) The facts giving rise to the present First Appeal are as follows :

(3.) Mr. Yashwant Jadhav was working with the Jan Seva Dudh Utpadak Purvatha Sahakari Society Ltd., Kasbe Digraj. He was being paid a monthly salary of Rs.350/-. His working hours were between 6 a.m. to 9 a.m. and 4 p.m. to 7 p.m. In his spare time he was running a grocery shop from his house. He intended to start a flour mill and, therefore, he had started constructing a shed. On 7th June, 1987, he went to Sangli to purchase material for erecting the shed. After making the purchases, he engaged a tempo being No. MWE-1957 owned by the appellant No. 1 herein for transporting the goods to his village, the said Digras. Yashwant Jadhav travelled in the tempo hired by him as the owner of the goods which were being transported. It appears that when the tempo in which he was travelling reached near the village Kasbe-Digraj, Truck No. MTL-708 which was plying just ahead of the tempo in which Yashwant Jadhav was travelling suddenly halted, without signalling. As a result, the tempo in which the deceased Yashwant Jadhav was travelling dashed against the truck bearing No. MTL-708. Yashwant Jadhav was seriously injured and was removed to the Civil Hospital, Sangli. However, he died soon thereafter. A panchnama was recorded in respect of the place of the accident. Respondent No. 4 herein was driving truck No. MTL-708 owned by respondent No. 6. Appellant No. 1 owned the tempo No. MEW-1957 which was being driven by appellant No. 2 at the time of the accident. The tempo was insured with respondent No. 4 herein.