2025:BHC-NAG:771 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

FIRST APPEAL NO . 250 OF 2022 APPELLANTS : Prashant s/o Babarao Bhongale- Since (Ori. Petitioners) deceased, through his legal representatives:

(On. R.A.)

1 Sadhana wd/o Prashant Bhongale, Age- about 48 years; Occu- Housewife

2 Ku. Shubhangi d/o Prashant Bhongale, Age- about 27 years; Occu- Student

3 Surbhi d/o Prashant Bhongale, Age- about 24 years; Occu- Student

4 Sau. Shantabai w/o Babarao Bhongale, Age- about 78 years; Occu- Housewife, All R/o At Yamuna Bhawan, Gajanan Mandir Road, Wadgaon, Tahsil and District-

Chandrapur.

..VERSUS..

RESPONDENTS : 1 Mohan s/o Anyaji Farfad, (Ori. Respondents)

Age- about 53 years; Occu- Service, C/o (On R.A.)

Shri Ghume, Near Ganpati Temple, Jatpura Ward No.1, Ramnagar, Chandrapur, Tahsil and District – Chandrapur. 2 Kunal s/o Vijay Kakde, Age – about 21 years; Occu- Education, R/at – Behind Gajanan Temple, Wadgaon Road, Chandrapur, Tahsil and District-

Chandrapur.

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Corrected as per Mr M. P. Khajanchi, Advocate for Appellants.

Court’s order Mr T. S. Deshpande, Advocate for Respondent No.1. dated 21.01.2025 Mr A. S. Ambatkar, Advocate for Respondent No.2.

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CORAM : M. W. CHANDWANI , J .

RESERVED ON : 9 ^th OCTOBER, 2024 . PRONOUNCED ON : 2 ^nd JANUARY, 2025 .

JUDGMENT

1. Heard.

2. Correctness of the impugned award dated 26.04.2021 passed by the Motor Accident Claims Tribunal, Chandrapur (hereinafter referred to as “the Tribunal”) has been challenged in the instant appeal, whereby the Tribunal awarded a compensation of Rs.32,68,427/- to the original petitioners towards loss of dependency on account of death of Prashant Babarao Bhongale, who died on 12.01.2019 in a vehicular accident that occurred on 20.02.2015.

3. Bare facts, which give rise to the present appeal, can be summarized as under :

On 20.02.2015, deceased Prashant Bhongale was proceeding towards Chandrapur on his motorcycle Honda Activa bearing No.MH-34-AR-5544. However, when he reached near Bapat Nagar Square, Chandrapur, a motorcycle Hero Passion Pro bearing No.MH-34-AG-0708 (hereinafter referred to as “the offending vehicle”) driven by respondent No.2 came at a high speed and gave a dash from the rear end to Prashant’s motorcycle wherein he fell down, sustained severe head injury and became unconscious on the spot itself. Immediately, he was taken to the Government Hospital at Chandrapur and later shifted to Neuron Hospital at Nagpur. For better treatment, he was then hospitalized at Christ Hospital in Chandrapur and subsequently transferred back to Neuron Hospital at Nagpur but unfortunately, he remained unconscious and did not regain consciousness. Initially, appellant No.1, the wife of deceased Prashant, filed an injury claim petition as a next friend of the deceased. Pending the petition, deceased Prashant died on 12.01.2019 and the present appellants were substituted as legal representatives of Prashant. The appellants converted the injury claim petition into death claim for a compensation of Rs.94,10,000/-.

4. Respondent No.1 is the owner of the offending vehicle. At the time of the accident, respondent No.2 was driving the offending vehicle. Respondent No.3 is the owner of the motorcycle Honda Activa and respondent No.4 is the insurer of the said motorcycle. Respondent Nos.1 and 2 filed their written statements and resisted the claim. The Tribunal opined that Prashant died on 12.01.2019 due to a head injury sustained by him in the accident that occurred on 22.02.2015. The Tribunal partly allowed the petition directing respondent Nos.1 and 2 to pay the amount of Rs.32,68,427/- jointly and severally. Feeling aggrieved with the quantum of compensation awarded by the Tribunal, the petitioners filed the present appeal for enhancement of