RELIANCE GENERAL INSURANCE CO. LTD. Vs. MANJU

JUDGEMENT

(1.) The Appellant Insurance Company has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short "the M.V. Act") challenging the judgment and Award dated 14/08/2015 passed by the Motor Accident Claims Tribunal, Nagpur in Claim Petition No. 828/2009.By the impugned judgment and Award, the Claims Tribunal has awarded compensation of Rs.22,99,125/- with interest at the rate of 7.5% per annum from the date of the petition till final realization.

(2.) The Respondent No. 1 is the widow and Respondent Nos. 2 to 4 are the children of the deceased Vikram Choudhari, who expired on 05/05/2009 as a result of injuries sustained in a motor vehicular accident involving TATA Specio bearing No. HP-01/ K-0442. The Respondent nos. 1 to 4, who shall be hereinafter referred to as Claimants, had claimed that the accident was caused due to rash and negligent driving by the driver of the offending vehicle. The deceased was a Doctor of 52 years of age and was earning Rs.23,00,000/- per annum. The Claimants filed an application under Section 166 of the M.V. Act, claiming total compensation of Rs.1,69,00,000/-.

(3.) The owner of the offending vehicle as well as the Appellant Insurance Company denied that the accident was caused due to rash and negligent driving by the driver of the said vehicle. They claimed that the claim was exorbitant and imaginary.