SUREKHA Vs. PARJI JAGANNATH DAGADKHAIR

JUDGEMENT

(1.) The challenge in this appeal is to the direction in the award dtd. 6/10/2017, passed by Motor Accident Claims Tribunal (MACT), Shrirampur in Motor Accident Claim Petition (MACP) No.227/2013. The challenge is not as regards quantum of compensation awarded under the impugned award. What has been challenged is the direction to the respondent Insurance Company to pay the appellants/ claimants only 50% of the amount under the award.

(2.) The appellants are the Class-I heirs/ legal representatives of deceased Ashok. The deceased was on his way in his car by 12.00 midnight on 18/1/2012. The tractor (MH-16/AM-850) attached with two trolleys was stationary at the middle of the road. The trolleys did not have a tail lamp or reflector. The car driven by the deceased rammed into the second trolley from behind. As a result of the impact, Ashok succumbed to the injuries. All these facts are not in dispute before this Court. On appreciating the evidence, the learned Presiding Officer of the Tribunal observed :- <IMG>JUDGEMENT_159_LAWS(BOM)7_2021_1.jpg</IMG>

(3.) As such, the Tribunal observed it to be a case of negligence exclusively on the part of the tractor driver. The tractor belonged to the respondent No.1. It had no insurance cover. The trailers/ trolleys attached to the tractor belonged to respondent No.4. The trolley with which the car dashed, had an insurance cover granted by the respondent No.6 - United India Insurance Co. Ltd. Neither the respondent Insurance Company nor the owner of the tractor or trolleys has taken exception to the impugned award.