UNITED INDIA INSURANCE Vs. VIMAL

JUDGEMENT

(1.) This appeal is filed by the appellant-Insurance Company under Sec. 173(1) of M.V.Act, challenging the liability in respect of judgment and award dtd. 15/11/2014 passed in MVC No.85/2014 by the MACT & Fast Track Court, Bijapur.

(2.) For the sake of convenience, parties are referred with the ranks occupied by them before the Tribunal.

(3.) The factual matrix leading to the case are that on 30/9/2013, the deceased Subhash Kore was travelling in the passenger auto rickshaw bearing registration No.MH-23/H-8073, from Mohal to Sayyad- Warwade village. The said auto rickshaw was driven with a high speed in a rash and negligent manner and when it came near Sayyad-Warwade village on Nazik- Pimpari Mohal road, the driver dashed the auto rickshaw to oncoming motorcycle bearing registration No.MH-13/BF-5786 from opposite direction and as a result, the auto rickshaw toppled down. Due to the impact, the deceased Subhash Kore sustained fatal injuries on his head and other parts of the body and he was shifted to Rural Hospital at Mohal and after giving first aid, he was shifted to Civil Hopsital, Solapur, wherein he was declared brought dead. It is alleged that the deceased was earning Rs.2,00,000.00 per annum by contributing to the family and petitioners being the wife and children of the deceased have lost their bread earner. Hence, they filed a claim petition under Sec. 166 of M.V.Act, before the tribunal seeking compensation of Rs.17,40,000.00 from the respondent Nos.1 and 2 on the ground that respondent No.1 is the owner of the auto rickshaw while respondent No.2 is the insurer.