KIRTI Vs. YAQUB M.MAHAT

JUDGEMENT

(1.) Though these matters are listed for admission, with the consent of learned counsel for the parties, are taken up for final disposal.

(2.) The factual matrix of the case of the claimants/appellants before the Tribunal is that on 16/11/2001 all the claimants were proceeding in a Tata Sumo vehicle bearing registration No.MH-07/B-4155 from Nippani to Mantralaya. At about 11. 45 p.m., on Kaladagi-Lokapur road within the limits of Kachidoni village, the driver of the said vehicle lost control over the vehicle and dashed to the wall of the road side bridge and caused the accident. All the claimants sustained grievous injuries all over their body. Immediately, after the accident, they were shifted to Government Hospital, Mudhol and after first aid, they took treatment at Government Hospital, Nipanni as inpatients and have spent considerable amount. They filed claim petitions before the Tribunal seeking compensation for the injuries sustained by them.

(3.) The Insurance Company appeared before the Tribunal and filed its statement of objection contending that the claimants were the paid passengers and the vehicle was used on hire basis. In support of their case, the claimants got examined themselves as PWs-1 to 3, the doctor as PW-4 and got marked documents Ex.P.1 to Ex.P.23. On the other hand, respondents got their official examined as RW-1 and got marked Ex.D.1 and Ex.D.2. The Tribunal after appreciating both oral and documentary evidence available on record dismissed the claim petitions on the ground that the claimants were the fair paid passengers and hence, the Insurance Company was not liable to pay the compensation. Aggrieved by the said judgment, the claimants/appellants have filed the present appeals before this Court.