P. B. Gaikwad, J. - (1.)New India Assurance co. Ltd. , being dissatisfied with the judgment and the award dated 21/3/1998 passed by the Member, Motor Accidents claims Tribunal, Ahmednagar, in M. A. C. Application No. 553 of 1992, filed the present appeal.
(2.)The facts in nutshell, leading to the present appeal, are that: the legal representatives of deceased vasant Shelar had filed an application for compensation before the Motor Accidents claims Tribunal, Ahmednagar, claiming compensation of Rs. 3,00,000 on account of death of Vasant Baburao Shelar in motor accident which took place on 13. 5. 1992 at about 7 or 7. 30 p. m. in front of 'vasti' of one Vijay Abhawe, near village Jeur Bambhari on Nagar-Manmad Road. Claimants, while giving particulars in respect of the accident, manner in which it took place, vehicle involved in the accident, age and income of the deceased, their relationship with the deceased, made it clear that the claimant No. 1 is the widow of deceased vasant, claimant No. 2 was the father of deceased, who died during the pendency of appeal, and claimant No. 3 is the mother of deceased. It was further claimed that vasant was aged about 29 years at the time of the accident. His monthly income was approximately Rs. 4,500. He was serving with National Printing Press, Curny Road, mumbai. So far as accident, manner in which it took place and the vehicle involved in the said accident are concerned, it was contended that the vehicle involved in the accident is a Swaraj Mazda Tempo bearing registration No. MWA 7037. The said vehicle is owned by Ashok Dattatraya dandawate, original opponent No. 1 and at the relevant time, it was driven by Laxman baburao Kolhe, opponent No. 2 and insured with present appellant New India assurance Co. Ltd. , opponent No. 3. It was further contended that on the day of the accident, deceased Vasant and one of his relatives were proceeding from Kopargaon to Shirdi for obtaining orders for printing job. The deceased and his relative were waiting for S. T. bus at Saibaba Square, kopargaon on 13. 5. 1992. Vehicle involved in the accident was proceeding to Babhaleshwar. Deceased and his relative made a request to the driver of the said vehicle to give,them lift up to Shirdi. The driver accordingly gave them lift. It was contended that accordingly deceased and his relative occupied seats in the said vehicle and the said vehicle proceeded for Babhaleshwar. It was contended that the opponent No. 2, who was the driver of the said Tempo, was driving the said vehicle in a rash and negligent manner and after crossing a distance of 2-3 km. , he could not control the vehicle, it went on wrong side and dashed against a tree by the side of the road. Vasant shelar sustained multiple injuries and ultimately succumbed to the said injuries. It was contended that the said accident took place solely due to negligence on the part of the driver of the said Tempo. Information in respect of the said accident was given to the police. Crime was accordingly registered against opponent No. 2 for the offences punishable under sections 304-A, 279, 337, 338 and 427 of the Indian Penal code.
(3.)So far as claim for compensation is concerned, it was contended that deceased was the only earning member in the family. He used to earn a salary of Rs. 2,750 per month and getting T. A. , D. A. for outside work. It was also claimed that deceased used to get commission for collecting the orders for printing jobs and thus his total monthly income was Rs. 4,500. It was further claimed that on account of untimely death of Vasant, claimants became helpless as the only earning member in the family had died in the said accident. Thus they have submitted the claim for an amount of rs. 3,00,000.