The court established that in compensation claims under the Motor Vehicle Act, accurate assessment of income, consideration of future prospects, and clear evidence of negligence are critical for determining liability and compensation amounts.

JUDGMENT

VIJAYKUMAR A.PATIL, J. - M.F.A.No.101664/2021 is filed by the legal representatives of the deceased Vajir Rehman Mujawar and M.F.A.No.101337/2021 is filed by the Divisional Controller, MSRTC, Sangli (for short, 'Corporation'). The claimants' appeal is for enhancement of the compensation and the Corporation is challenging the liability as well as the quantum of compensation awarded by the Tribunal, being aggrieved by the judgment and award dtd. 31/3/2021 passed by VI Addl. District and Sessions Judge & Addl. MACT, Belagavi in MVC No.883/2013.

2. Brief facts giving raise to the filing of these appeals are that the claimant appellants have filed the claim petition under Sec. 166 of Motor Vehicle Act 1988 claiming compensation of Rs.80, 00, 000.00 from the respondent for the death of Mr.Vajir Mujawar who died in the road traffic accident on 5/11/2012. It is averred that the deceased Vajir was proceeding on his motorcycle bearing registration No.MH-10/T-463 from Vasagade to Charan on Bhilavdi main road in a moderate speed when he reached Bhilavde-Nagthane Phata road, MSRTC bus bearing registration No.MH- 14/BT-1075 coming from Ankalkop side driven by its driver in rash and negligent manner dashed the motorcycle and caused the accident. In the said accident, the deceased sustained grievous injuries, he was shifted to the Wanless Hospital, Miraj and thereafter he was shifted to Dr.Magdum's Orthopaedic Hospital, Miraj and subsequently to Army Hospital, Pune and he was inpatient for a period of 15 days in the Army Hospital, Pune and they have incurred huge expenses on medical treatment, other attendant charges, food and nourishment and they have lost the bread earner of the family. It is further averred that the deceased was aged about 48 years at the time of accident and serving in the Indian Defence getting salary of Rs.45, 000.00 p.m. and he would have earned Rs.80, 000.00 to Rs.90, 000.00 per month in future and the claimants being the wife and children of the deceased were completely depending on the income of the deceased. The accident has occurred due to rash and negligent driving of MSRTC bus by its driver and they are liable to pay the compensation.

3. The respondent MSRTC filed objections before the Tribunal denying the averments of the claim petition by contending that there was no nexus between the death of deceased Vajir and the injuries sustained by him. It is averred that the claimants have incorrectly stated the age, occupation, employment and monthly income of the deceased and the accident in question had happened solely due to rash and negligent driving of the motorcycle bearing No.MH-10/T-463 by the deceased and sought for dismissal of the claim petition.

4. The Tribunal has framed the issues and recorded the evidence of the parties. The appellant/claimant No.1 was examined herself as PW- 1 and examined two other witnesses and marked documents at Exs.P-1 to P-29. The respondent examined RW-1 and marked discharge summary at Ex.R-1. On appreciation of the material on record, the Tribunal has awarded the total compensation of Rs.32, 06, 290.00 with interest at the rate of 6% p.a. from the date of petition till realisation on the following heads:

5. Learned counsel Sri C.V. Angadi appearing for the Corporation submits that the accident has happened due to rash and negligent riding of the motorcycle by the deceased Vajir and not by the driver of the MSRTC bus as held by the Tribunal. It is submitted that the Tribunal has committed error in not considering the evidence of RW-1 and panchanama at Ex.P-2 which clearly establish the fact that the driver of the MSRTC bus is not responsible for the said accident and it is due to rash and negligent driving of the motorbike by the deceased, the accident has taken place. It is further submitted that the Tribunal has failed to appreciate Ex.R-1 the discharge summary of Wanless Hospital, Miraj which clearly indicates that the deceased had slipped from the motorbike and sustai