SANGITA PRAKASH PAWAR Vs. MAHADEORAO R MAHADIK

JUDGEMENT

(1.) Leave granted.

(2.) A challenge has been laid to the judgment dtd. 9/6/2017 passed by the High Court of Judicature at Bombay whereby the order dtd. 28/2/2011 passed by the Motor Accident Claims Tribunal, Mumbai (for short, 'the Tribunal') was upheld, and consequently the respondent - Insurance Company has been exempted from payment of compensation amount of Rs.11,75,870.00, assessed by the Tribunal, with a further direction that the aforesaid amount shall be paid by respondent No.1 - owner of the milk tanker.

(3.) Prakash Pawar was employed as a driver with Brihanmumbai Electricity Supply and Transport Undertaking (Hereafter, 'BEST'). On 5/6/1997, he was driving milk tanker No.MH-09-Q-5546 on the Mumbai Pune Road. When the milk tanker was in the vicinity of village Vakasi in Lonavala Taluka, it appears that there was a collision between milk tanker and another vehicle, a gas tanker No.MCT-1693. The gas tanker was in front of the milk tanker and both the vehicles were proceeding in the same direction. Though there is some dispute with regard to the manner in which the accident took place, broadly it is alleged that Prakash Pawar - the driver of milk tanker attempted to overtake the gas tanker and while doing so, he hit the right side of the gas tanker and lost balance. Consequently, a woman died on the spot and Prakash Pawar also suffered severe injuries because of which he passed away. Appellant No.1 is the wife of the deceased whereas appellant Nos.2 and 3 are his daughter and son, respectively and appellant No.4 is the mother of the deceased.