466.09FA.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

FIRST APPEAL NO.466 OF 2009

.

Sau. Lata Shamkant Bagade

Age : 42 years, Occ : Household,

R/o Chasnali, Tq. Kopergaon,

Dist. Ahmednagar.

.. APPELLANTS

(Ori. Claimants)

VERSUS

1.

Karmjit Kaur W/o Dilbar Singh

R/o C5/19/31/Sector No.3,

C.B.D. Belapur Navi Mumbai

Dist. Thane (Maharashtra)

2.

Branch manager,

The New India Assurance Co. Ltd.,

Branch Shrirampur, Dr. Chatuphale Marge,

Tq. Shrirampur, Dist. Ahmednagar.

.. RESPONDENTS

(ORIGINAL OPPONENTS)

...

Mr.N.C. Garud, Advocate for the appellant.

Mr.V.R. Mundada, Advocate for respondent

No.2.

...

CORAM : V.L. ACHLIYA, J.

RESERVED ON : 28.11.2019

PRONOUNCED ON : 24.07.2020

JUDGMENT:

.

Being aggrieved by the impugned

judgment and award dated 06.09.2008 passed by

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learned Member, Motor Accident Claims

Tribunal, Shrirampur in Motor Accident Claims

Petition No.85/2006, the appellant (original

claimant) has preferred this appeal seeking

enhancement of compensation.

2.

For the sake of brevity and

convenience, the parties to appeal are

referred as they are referred in the judgment

of the Tribunal.

3.

Heard learned counsel for the

appellant and learned counsel representing

respondent no.2. Perused the record and

proceedings.

4.

In view of the challenge raised in

appeal confines to quantum of compensation,

it is not necessary to deal with the aspects

other than quantum of compensation awarded by

the Tribunal. The appellant-claimant along

with her deceased husband filed application

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U/Sec. 166 of the Motor Vehicle Act, 1988

(Hereinafter referred to as “the M.V. Act)

seeking compensation of Rs.5,00,000/- on

account of accidental death of her son Nitin

Shamkant Bagade (hereinafter referred to as

“deceased”) who died on 21.02.2006 in an

accident occurred at about 8.30 p.m. on

Nagar-Manmad Road near village Pimpalas

within the jurisdiction of Police Station

Rahata, Dist. Ahmednagar. At the time of

accident, the deceased was claimed to be

proceeding on motorcycle bearing No.MH-17

U-1131 as pillion rider and Sunil Vithalrao

Dive, the maternal uncle of the deceased was

driving said motorcycle. The offending

vehicle i.e. the truck bearing registration

No.MH-04-BV-0658 owned by respondent no.1 and

insured with respondent no.2 alleged to have

given dash to said motorcycle, which resulted

into instant death of deceased. According to

the claimants, the accident was due to sole

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negligence and fault on the part of Pargat

Sing Mohan Singh-the driver of truck. He was

charge-sheeted for committing offences

punishable U/Sec. 304-A, 279, 337, 338, 427

of the Indian Penal Code for causing

accidental death of the deceased.

5.

The claimants have claimed that the

deceased was only male person in the their

family to look after the claimants. At the

time of accident, the deceased was aged 17

years and studying in 10^th standard. The

deceased was desirous to join the I.T.I.

after passing 10^th standard examination. He

had planed to undergo course in Tools and

Diamaker conducted by I.T.I. After passing

I.T.I. the deceased was expected to earn

Rs.10,000/- to Rs.15000/- per month. On

accidental death of deceased the claimants

have claimed lumsum compensation of

Rs.5,00,000/- as pecuniary and non-pecuniary

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damages. They have claimed that the truck

involved in accident was owned by the

respondent no.1 and insured with respondent

no.2.

6.

The case proceeded exparte against

respondent no.1. The respondent no.2 -

insurance company resisted the claim petition

by filing written statement. The respondent

no.2 has denied the entire case of the

claimants including accident, involvement of

vehicle and death of deceased in accident.

7.

During the pendency of claim

petition, the husband of claimant no.2

expired and therefore the name of claimant

no.1 came to be deleted. In order to prove

her case, the appellant has