Advocates:
['SACHIN DESHMUKH', 'P K JOSHI', '', 'R/SOLE SERVED', 'M K GOYANKA', 'P C PATEL A A MORE & A B GIRASE', 'ANAND D WANGE', 'ANAND WANGE']

1 FA 1482-04

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

FIRST APPEAL NO. 1482 OF 2004

1) Sindhu w/o Pralhad Dhole,

Age : 25 yrs, Occ. Household,

2) Ganesh s/o Pralhad Dhole,

Age : 5 yrs, Occu. Nil

U/g of appellant No. 1

3) Prayagbai w/o Kishanrao Dhole,

Age : 54 yrs, Occu. Household,

All R/o Jaipur, Tal. Sengaom,

Dist. Hingoli.

...Appellants

VERSUS

Maharashtra State Road Transport

Corporation through its Divisional

Controller, Gangakhed Road,

Parbhani.

...Respondent

...

Mr. Sachin Deshmukh, Advocate for Applicants

Mr. Anand Wange, Advocate for Respondent

...

CORAM :

SHRIKANT D. KULKARNI, J.

DATE :

25-11-2021

ORAL JUDGMENT :

01.

This appeal is directed against the impugned

judgment and award passed in M.A.C.P. No. 256/2001 by the

Member, M.A.C.T., Hingoli at the hands of original

claimants.

2 FA 1482-04

02.

It was a claim petition filed by the

appellants / original claimants under Section 163-A of the

Motor Vehicles Act, 1988.

03.

The accident took place on 14.6.2001 near

village Hivra. Pralhad Dhole (since deceased) was

traveling in ST bus bearing No. MH-20-D-3867. The bus

reached near one bridge in the vicinity of village Hivra

when ST bus driver noticed that one truck was coming from

opposite direction. The ST bus driver applied urgent

breaks, due to which bus was toppled down by the side of

the road and resulted into accident. Pralhad Dhole, who

happened to be husband of petitioner No. 1 sustained

serious injuries in the accident and died on the spot. The

deceased was serving as a Gramsevak at the time of

accident and drawing the salary of Rs. 6,617/- per month.

He was 32 years of age when he met with an accident. The

widow, minor son and mother of the deceased sought

compensation assessed at Rs. 9,50,000/- with interest @

18% per annum till realization of the amount.

04.

The learned Member, M.A.C.T., Hingoli after

appreciating the facts, evidence on record and considering

the argument advanced on behalf of both the sides, was

3 FA 1482-04

pleased to allow the claim partly and directed to the

respondent / MSRTC to pay an amount of Rs. 4,27,000/- as a

compensation with interest thereon @ 6% per annum from the

date of filing of the petition within 4 weeks from the

date of order to the claimants / petitioners.

05.

Feeling aggrieved by the impugned judgment and

award passed by the M.A.C.T., Hingoli, original claimants

have preferred this appeal by taking aid of Section 173 of

the Motor Vehicles Act, 1988.

06.

Heard Mr. Sachin Deshmukh, learned counsel for

the appellants / original claimants and Mr. Anand Wange,

learned counsel for the respondent / MSRTC.

07.

Mr. Sachin Deshmukh, learned counsel for the

appellant assailed the impugned judgment and award mainly

on two grounds. (i) 50% deduction of compensation on

account of contributory negligence of the bus driver and

(ii) improper application of multiplier. He invited my

attention to the impugned judgment, more particularly para

No. 6 and 7 pointed out that it is not in dispute that the

deceased was traveling in a bus as a passenger when met

with an accident. The accident is not disputed as well as

4 FA 1482-04

death of husband of claimant No. 1 in said motor vehicular

accident. He submitted that the deceased was traveling in

the bus as a passenger, and as such, it would be incorrect

to deduct 50% of the amount of compensation out of total

compensation assessed by the Tribunal on the point that ST

bus driver was at fault and contributed 50% negligence. He

submitted that the approach of the Member, M.A.C.T.,

Hingoli is improper and incorrect. The Member, M.A.C.T.

has not considered the provisions of The Motor Vehicles

Act, 1988 in a proper perspective and erroneously deducted

the 50% of the compensation.

08.

Mr. Deshmukh, learned c