BAJAJ ALLIANZ GENERAL INS. CO. LTD. Vs. VANDANA

JUDGEMENT

(1.) Both these appeals are being decided by this common judgment, since these appeals arise out of the judgment and award passed in Motor Accident Claim Petitions arising out of one and the same accident. Both the appeals have been preferred by the Insurance Company of trolley, allegedly involved in the accident. . First Appeal No. 1608 of 2020 is arising out of the judgment and award dtd. 18/1/2020, passed by the Member, Motor Accident Claims Tribunal, Hingoli, in Motor Accident Claim Petition No.43 of 2011, granting compensation of Rs.9,77,200.00 (Rupees Nine Lakh Seventy Seven Thousand Two Hundred Only) on account of death, while the award under challenge in First Appeal No. 1616 of 2020 has been passed by the very Member, in Motor Accident Claim Petition No. 88 of 2011, granting compensation of Rs.61,700.00 (Rupees Sixty One Thousand Seven Hundred Only) on account of injuries and disability suffered.

(2.) For the sake of convenience, the evidence in M.A.C.P. No.43 of 2011 is referred to.

(3.) Facts giving rise to the present appeals are as follows:- Deceased Rahul, along with his brother-in-law Kailas, was on his way from Chinchordi to Killewadgaon on motorbike bearing registration No. MH-38/K-6173. He was riding the same. His brother-in-law Kailas was the pillion rider. When the motorbike was passing along Pardi to Chinchordi road by 7.30 p.m., a tractor bearing registration No. MH-29/R-8973 with trolley attached thereto (MH-29/R-8928), came from opposite side. The tractor dashed against the motorbike. Both, Rahul and Kailas fell off and suffered multiple injuries. Rahul died on the next day. His father, therefore, lodged the report of the accident. His legal representatives and the injured Kailas, filed two separate claim petitions for compensation. The Tribunal allowed both the petitions as stated above.