ORIENTAL INSURANCE COMPANY LTD Vs. PRANALI RAMCHANDRA ZORE

JUDGEMENT

(1.) By consent of the parties, First Appeal is taken up for final hearing.

(2.) Admit. Heard finally by consent of the parties.

(3.) The Appellant Insurance Company is aggrieved by the quantum of compensation awarded by the Motor Accident Claims Tribunal, Mumbai in favour of the claimants, being three in number, Pranali Zore wife, Kumar Chetan and Kumar Jatin two minor children of the claimant no.1. The deceased Ramesh Zore who was a driver on Ambulance belonging to Brihan Municipal Corporation, who was driving the vehicle on 27/3/2013 at around 21.50 hrs and while he was crossing the Clare Road, Opposite Came Cake Shop, Nagpada, the offending motor cycle which was coming from the opposite direction in a high speed dashed against his vehicle. The impact of the collusion was such that the deceased sustained head injury and when he was taken for treatment to the KEM hospital, Parel, he succumbed to the injuries, during the course of his treatment on 5th April 2013. The incident resulted into registration of C.R.No. 88 of 2013 with Nagpada Police Station by invoking Sec. 279, 338 IPC and 134(A)(B) of the Motor Vehicles Act. Subsequently, after the death of Ramchandra, offence under Sec. 304-A along with Sec. 3(181) of the Motor Vehicles Act was inserted.