ORIENTAL INSURANCE COMPANY LTD. Vs. LAXMIBAI

JUDGEMENT

(1.) This appeal is filed by the Insurance company challenging the judgment and award dated 25.01.2017 passed in MVC No.267/2014 by the Senior Civil Judge and Additional Motor Accident Claims Tribunal (in short 'the Tribunal'), Basavakalyan.

(2.) The parties are referred as per their ranking before the Tribunal.

(3.) Brief facts leading to filing of this appeal are that on 31.01.2014, when the deceased Ramesh was travelling in a tempo bearing registration No. MH-24/J-7378 in order to sell the goods like soyabean, toor, sunflower at APMC market at Latur, the accident occurred near Nisha Bar, on Ausa Road, Bughoda village, where the driver of the said vehicle lost control and the vehicle turned turtle causing death of Ramesh and injuries to other co-passengers. The deceased succumbed to the injuries during the treatment. The accident was occurred due to rash and negligent driving of the driver of the offending vehicle. The claimants being legal representatives of the deceased have filed the claim petition under section 166 of the Motor Vehicles Act claiming compensation of Rs.21,00,000/- with interest.