SARALABAI Vs. CHARANJEET SINGH

JUDGEMENT

(1.) The appellants-claimants are before this court in this appeal not being satisfied with the quantum of compensation awarded by the tribunal under judgment and award dated 06.12.2017 in MVC No.2867/2015 on the file of IX Additional District and Sessions Judge, and Additional MACT, Belagavi, praying for enhancement of compensation.

(2.) The brief facts of the case are that, the claimants are wife and daughters of the deceased Balasaheb Patil. It is stated that on 02.11.2014 when the deceased was proceeding on his motor cycle bearing registration No.MH-09/AU-7210, a Chevrolet Beat vehicle No.MH-15/DC-8220 came in rash and negligent manner and dashed to the motorcycle, due to which the deceased sustained fatal injuries and he was immediately taken to the Hattarki hospital, Gadhinglaj and was admitted from 02.11.2014 to 03.11.2014. Thereafter, he was shifted to Sidhagiri Hospital, Kaneri, where during treatment he succumbed to injuries. It is stated that the claimants have spent more than three lakhs for the treatment of the deceased. It is stated that the deceased was aged about 49 years and was earning Rs.10,000/- per month by doing agricultural work.

(3.) On issuance of notice, respondent No.1 remained absent and respondent No.2 -Insurance company appeared and filed its statement of objection. In the statement of objection, it is contended that there is a delay of 10 days in lodging the FIR and it is also contended that it is concocted case. It is also further contended that the driver of the Car bearing No.MH- 15/DC-8220 was not holding valid and effective driving license and there is violation of policy conditions. Hence, prayed for dismissal of the petition.