MANAGER, NATIONAL INSURANCE CO. LTD. Vs. AMRUTA

JUDGEMENT

(1.) The insurance company has preferred this appeal, assailing the judgment and award dtd. 7/5/2018 passed by the Senior Civil Judge & Addl. MACT, Ron, (hereinafter referred to as 'the Tribunal' for short) in MVC No.72/2016 on the ground of liability as well as quantum.

(2.) The claimants have filed a claim petition before the Tribunal, seeking compensation of Rs.51,00,000.00 on account of death of one Ashok S/o Durgappa Hadimani, who died in a fatal road traffic accident on 14/7/2015, when the deceased was proceeding on his motorcycle bearing chassis No.MBLHA10AMEHM74456, the driver of the Mahindra Maximo bearing registration No.KA-37/9869 drove the same in a rash and negligent manner and dashed against the motorcycle of the deceased and due to the impact of the accident the deceased fell down and sustained grievous injury and succumbed to the injuries during treatment. It is averred that the deceased was hale and healthy at the time of accident and was working as an agriculturist and also was working as a Hamal in APMC Yard and earning Rs.15,000.00 p.m. from agricultural and Rs.5,000.00 by doing Hamali in APMC Yard. The claimants are the wife, child and parents of the deceased, it is averred that the deceased was the sole earning member of the family and the claimants were solely dependent upon the income of the deceased.

(3.) Pursuant to issuance of summons by the Tribunal, respondent Nos.1 and 2 though served with the notice, did not appear and were placed ex-parte. Respondent No.3-insurance company appeared and filed their objections.