ORIENTAL INSURANCE COMPANY LIMITED Vs. KARBHARI DAGA GAIKWAD

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 28th March, 2014 passed by the learned Member, MACT, Nashik in MACP No. 288 of 2009 whereby the appellant/insurer was held jointly and severely liable to pay compensation of Rs. 6,68,400/- along with interest @ 9% p.a. from the date of the petition to the respondents/claimants for the death of Milind Karbhari Gaikwad (the deceased), in a vehicular accident.

(2.) The background facts leading to this appeal can be stated in brief as under:

(3.) The learned Member of the Tribunal recorded the evidence of Karbhari Gaikwad (PW.1), the claimant No.1; Ashok Shinde (PW.2), the Manager of Tricom India Limited where the deceased was working as a Data Processor, and Mohan Gondhalekar (DW.1), the Assistant Regional Manager of the insurer. After appraisal of the evidence and the documents tendered for his perusal, the learned Member was persuaded to allow the petition holding inter alia that the accident occurred due to rash and negligent driving of the offending motor-cycle by its driver and at the time of the accident, the said vehicle was insured with the appellant under the scheme of "One Time Insurance " and thus the appellant as well as the insured/ owner of the vehicle were jointly and severely liable to pay compensation to respondent Nos. 1 to 4/ claimants. To arrive at the said conclusion, the learned Member banked upon the entry made in the record maintained by the RTO wherein it was noted that the vehicle was insured under "One Time Insurance Scheme ".