BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD. Vs. RAJU

JUDGEMENT

(1.) This appeal filed by the insurer arises out of a judgment and award dated 02.11.2012 passed by the MACT-V, Bijapur (henceforth referred to as 'Tribunal', for short) in MVC.No.401/2011. By the aforesaid judgment and award, the Tribunal entertained a claim petition under section 163-A of the Motor Vehicles Act, 1988 (henceforth referred to as 'the Act', for short) and awarded compensation of a sum of Rs.2,74,500/- to the respondents No.1 and 2 herein, who are the parents of deceased - Kisan, who was aged 22 years and was earning a sum of Rs.3,300/- per month.

(2.) It is found from the judgment and award of the Tribunal that on 07.02.2011 Kisan was riding on a motor cycle bearing Reg. No.MH-13/AY-1757 along with his cousin Suraj who was riding pillion. When they were proceeding near Ashiti village on Pandarpur Kurwadi road at 5.30 p.m., they met with an accident involving a jeep bearing Reg. No.MH-12/AH-0980. As a result, Kisan died on the spot, while Suraj died on the way to the hospital. The jurisdictional police registered crime No.50/2011. The claimants who are the parents of the deceased Kisan contended that Kisan was hale and healthy and was earning a sum of Rs.3,300/- per month. They filed a petition under Section 163-A of the Act claiming compensation of Rs.12,75,000/-. The claimant No.1 was examined as P.W.2 and he marked exhibits P-1 to P-11. The insurer examined its official as R.W.1 and he marked Exs.R-1 to R3. The Tribunal considered the documentary evidence on record which clearly indicated that the deceased was riding on the motor cycle which was duly insured by the insurer. The Tribunal also considered the evidence of P.W.2 and having regard to the fact that the claimants were exempt from proving negligence, considered the income of the deceased at a sum of Rs.3,000/- per month and after deducting 50% towards his personal expenses, held that the annual loss of dependency was a sum of Rs.18,000/-. The Tribunal therefore held that the claimant is entitled to a sum of Rs.2,70,000/- towards loss of dependency and awarded a sum of Rs.2,500/- towards loss of estate and Rs.2,000/- towards funeral expenses.

(3.) Being aggrieved by the aforesaid judgment and award, the insurer has filed the appeal.