HEMANT MADHUKAR PATIL Vs. SHAKUNTALA ARVIND BRAMHABHATT

JUDGEMENT

(1.) HEARD the learned Advocates for the appellant and the respondent Nos. 1, 3 and 4. None present for the respondent No. 2, though served.

(2.) THE present appeal arises from the judgment and order passed on 21st June, 1996 by Member, M. A. C. T. Thane in MAC No. 194 of 1990. By the impugned judgment the claim petition filed by the respondent Nos. 1 and 2 herein has been allowed and the appellant and the respondent No. 3 have been ordered to pay the sum of Rs. 4,65,000/- as the compensation to the respondent Nos. 1 and 2 on account of death of one Arvind Tribhuvandas Bramhabhatt, who was husband of the respondent No. 1 and son of respondent No. 2. The death had occurred in the accident involving the vehicle bearing No. MCY-3704 driven by the respondent No. 3 and owned by the appellant herein at the relevant time.

(3.) THE facts in brief are that the deceased Arvind was proceeding to Bhayandar on his motor-cycle in a normal speed when a lorry bearing No. MCY-3704 driven by the respondent No. 3, belonging to the appellant and insured with the respondent No. 4, came in high speed dashed against the said motor-cycle causing serious injuries to Arvind. Said Arvind was shifted to Bhagwati Hospital where doctor on examination, declared him as dead. It was the case of the claimant that he was engaged in commission business besides being in textile yarn merchant and his annual income was Rs. 61,000/ -. The Tribunal after considering the evidence produced by the parties awarded the compensation of Rs. 4,65,000/- while limiting the liability of the Insurance Company respondent No. 4 to the extent of Rs. 1,50,000/- in terms of the Insurance Policy Exh. 54.