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C.L.PANGARKAR
Bandu Gangaram Zade – Appellant
Versus
Lilabai Gangaram Zade – Respondent
C.L. Pangarkar, J.—Admit, returnable forthwith. Heard finally with consent of both the parties.
2. This is an appeal by the original claimants against the order passed by the Tribunal on an application under Section 140 of the Motor Vehicles Act, 1988.
3. The facts are as follows:
The claimants/appellants are the sons and daughter of deceased Gangaram. On 6.1.2005, Gangaram Zade was driving Minidor (auto trolley). While he was driving the said vehicle, the said vehicle turned turtle as he tried to avoid collision with another vehicle. In the said accident Gangaram died. The said vehicle was owned by Gangaram’s wife Leelabai. The claimants claim compensation on account of no fault liability.
4. The Insurance Company had resisted the application under Section 140 of the M. V. Act and had contended that since death had occurred due to the negligence of the deceased himself, the claimants were not entitled to any compensation and the deceased was not a third party. The learned Judge of the Tribunal after hearing the parties rejected the application on the grounds raised by the Insurance Company. Feeling aggrieved thereby, this first appeal is preferred.
5. I have heard the
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