JYOTI WD/O SATISH NERKAR Vs. NEW INDIA ASSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Admit. Heard finally by consent of parties.

(2.) The appellant/original claimant has challenged the award passed by the Member, Motor Accident Claims Tribunal, Nagpur, in Claim Petition No.928 of 2001 decided on 23-12-2005.

(3.) The facts, which are not in dispute, are that the husband of the appellant was serving as Superintendent Engineer in Public Works Department at Mumbai at the time of accident in question, which took place on 15-5-2001. On that day, the deceased along with other officers of his Department had gone to inspect the work of widening of the bridge on river Bharangi on Mumbai-Agra National Highway No.3. The deceased travelled by the Government vehicle, viz. Ambassador bearing registration No.MH-04-263. The driver of his vehicle parked it on the bridge near the site where the deceased and other occupants got down and started inspecting the bridge widening work. At that time, truck bearing registration No.MHG-2884, came from Nasik side and by going to the wrong side, gave dash to the Ambassador car, which was parked there. Because of the dash, one of the officers near the vehicle was injured. The car was dragged to a distance of 25 feet backward, which hit the deceased and other officers, as a result of which, three persons, including the deceased, fell down from the bridge in the bed of the river. The depth of the river was 33 feet from the bridge and the river bed was dry. The deceased was seriously injured and died on the spot. The appellant is the only legal representative of the deceased and in that capacity, she claimed compensation.