KANTABAI TULSIRAM THORAT Vs. NATIONAL INSURANCE CO. LTD

JUDGEMENT

(1.) A claim of Rs. 1,00,000/- was set up by the appellant on account of death of Tulsiram Bhagwan Thorat in an accident that occurred on 17.8.1982 at 7.00 a.m. while he was proceeding on foot towards the factory for work. The Motor Accidents Claims Tribunal (hereinafter referred to as 'the Tribunal') awarded only Rs. 37,500/-with interest at 6 per cent per annum from the date of application and proportionate costs. Feeling aggrieved by the judgment dated 26th September, 1984, the appellant has preferred this appeal.

(2.) THE appellant is the widow of the deceased Tulsiram Thorat. She claimed Rs. 1,00,000/- for herself and four minor children who were dependent on the deceased. While the deceased was walking down to his factory, one bus bearing No. MTT 4437, driven by respondent No. 3, Pandurang, came from behind, knocked him down and thereafter proceeded further to collide with the car passing in the same direction ahead of it. Tulsiram fell down and received severe injuries. He was rushed to the hospital but he died on the same day. The said vehicle was owned by respondent No. 2, Umesh Desai. While setting up her claim it is alleged by the appellant that the bus was insured with respondent No. 1, National Insurance Co. Ltd.

(3.) THE respondent No. 1 also joined the other respondents in denying the allegation that the driver of the bus was negligent. They further defended the action that they are immune to and exempted from any liability that might possibly be fastened upon other respondents because of the non-coverage of the vehicle in question by the insurance policy No. 561/6300433 issued by it and renewed only with effect from 18.8.1982, that is, a day after the accident.