2025:BHC-NAG:104 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR FIRST APPEAL NO. 1020 OF 2011 WITH CIVIL APPLICATION NO. 2755 OF 2024

1. The Union of India, through Ministry of Agriculture, Plant Protection Adviser Directorate of Plant Protection, Quarantine and Storage, NH-IV, Faridabad (Harayana)

2. Union of India, Through Ministry of Agriculture, In charge, Central Integrated Pest Management Centre, G.S.I. Office Complex, Opp. V.C.A. Stadium, Civil Lines, Nagpur ...Appellants Versus

1. Smt. Malti wd/o Madhukar Ghode Aged about 54 years.

2. Ku. Apeksha d/o Madhukar Ghode Aged about 28 years.

3. Ku. Pratiksha d/o Madhukar Ghode Aged about 26 years.

4. Utkarsha s/o Madhukar Ghode Aged about 24 years.

5. Sudhanshu s/o Madhukar Ghode Aged about 22 years.

6. Nikhil s/o Madhukar Ghode Aged about 20 years, (Ori. Petitioners)

R.Nos. 1 to 6 all residents of C.P.W.D. Colony, Nagpur

7. Shatrughan L. Marco, Aged about 41 years, Occ. Central Government Employee as Driver, R/o. Integrated Pest Management Centre, G.S.I. Office Complex, Opposite V.C.A. Stadium, (Ori. R. No.3)

Civil Lines, Nagpur ...Respondents …..

Ms. Mugdha Chandurkar, advocate for the appellants Mr. N.B. Kalwaghe, advocate for respondent Nos. 1 to 6.

…..

CORAM :SANJAY A. DESHMUKH, J.

DATE OF RESERVING : 20.12.2024 THE JUDGMENT DATE OF PRONOUNCING : 03.01.2025

JUDGMENT

JUDGMENT :-

1. This appeal is preferred by the employer-original respondents against the judgment and award dated 16.12.2005, passed by the learned Member, Motor Accident Claims Tribunal, Nagpur, in Motor Accident Claim Petition No. 1069 of 1998.

2. CLAIM i) The petitioners contended that Madhukar Ghode, who died in a motor vehicular accident, was a senior agricultural scientist serving with the Union of India, at Nagpur.

ii) The petitioner No.1 in the claim petition, Smt. Malti, is the wife, petitioner Nos.2 and 3 Apeksha and Pratiksha, respectively, are the daughters of deceased Madhukar whereas petitioner No.4, 5 and 6 Utkarsha, Sudhanshu and Nikhil, respectively, are the sons of deceased Madhukar.

iii) On 4.6.1998, Madhukar, after completion of his duty, was returning from Gondia to Nagpur, by the official mini bus bearing No. MH-31-7261. The said bus met with an accident because of rash and negligent driving of respondent No.7, at 12.30 a.m. He was driving that bus in rash and negligent manner. The accident occurred near Bhilewada Shivar, District Bhandara. Madhukar died on the spot.

The driver of the bus was prosecuted for rash and negligent driving.

iv) The petitioners had contended that they were depending upon the income of the deceased Madhukar and they claimed compensation of Rs.41,00,000/-.

3. DEFENCE i) The appellants/respondent Nos. 1 and 2 resisted the claim petition. They admitted the relationship between the claimants and the deceased Madhukar, as well as the occurrence of accident. They further contended that an amount of Rs.2,12,572/- has been paid on account of Government Insurance and under various schemes to the claimants. The petitioners also received amount of Rs.8,03,521/- as GPF. The petitioner No.1 – wife of deceased Madhukar, has been sanctioned the pension of Rs.7249/- p.m.

ii) It is further contended that the respondents have provided employment to one of the petitioner i.e. petitioner No. 4 Utkarsha - respondent No. 3 herein, on compassionate ground. Therefore, the petitioners are not entitled for compensation.

iii) It is also contended that the log book of the said vehicle was incomplete and has been misused at the instance of deceased Madhukar. Although the vehicle was a Government vehicle but it was used by deceased Madhukar for his personal work. It was therefore, lastly prayed that the claim petition be dismissed.

4. Respondent No.3, the driver of the said bus, contended that when the bus had reached near Bhilewada Shivar, a truck came from the opposite direction in high speed with full headlights and that gave cut to his bus and due to which the accident occurred.

5. The learned Tribunal