DIVISIONAL MANAGER Vs. SMITA W/O CHANDRAKANT BELVI

JUDGEMENT

(1.) The present appellant was respondent No.2 before the Motor Accident Claims Tribunal below (hereinafter referred to as 'the Tribunal below' for short). The present respondent Nos.1 to 5 were the claimants in the Tribunal below. Those claimants had instituted a claim petition in the Tribunal below under Section 163-A of the Motor Vehicles Act, 1988 (hereinafter referred to as 'M.V.Act' for short) claiming compensation of a sum of Rs.10,00,000/- from the respondents therein.

(2.) The summary of the case of the claimants in the Tribunal was that on 25.04.2001 at 12.30 in the afternoon, the deceased Chandrakant S.Belvi while going on his motorcycle bearing reg.No.KA-23/L-4011 from Yadur to Manjari cross, a Goods Tempo (Tata-608) bearing reg.No.MH-09/A-5987 being driven by its driver in a rash and negligent manner coming from Manjari to Ganeshwadi road, at Manjari cross dashed to the motorcycle on which the deceased was going. Due to the said accident, the deceased Chandrakant sustained fatal injuries and succumbed to it on the next day while he was in a hospital. Further stating that, at the time of accident deceased was doing business and agricultural work and was earning a sum of Rs.5,000/- p.m., the claimants holding the owner and insurer of the alleged offending vehicle as liable to pay them compensation had claimed compensation of a sum of Rs.10,00,000/- from them.

(3.) However, during the pendency of the petition in the Tribunal below through an application seeking permission to amend the claim petition, the claimants amended the income of the deceased at Rs.40,000/- p.a. The Tribunal below after recording the evidence and hearing both side by its judgment and award dated 30.09.2008 allowed the claim petition in part holding that the respondents are jointly and severally liable to pay a compensation of a sum of Rs.4,70,800/- with interest at the rate of 6% p.a. thereupon from the date of petition till the date of deposit. Respondent No.2-Insurance Company was given two months time to deposit the amount. It is the said judgment and award, the said Insurance Company has challenged in this appeal.