UNITED INDIA INSURANCE CO LTD Vs. JANABAI

JUDGEMENT

(1.) HEARD.

(2.) ADMIT. Taken up for final hearing forthwith.

(3.) THIS first appeal is directed against the award passed by the Member, Motor Accident Claims Tribunal, Aurangabad in Motor Accident Claims Petition No. 129 of 1998. The accident took place on 28-2-1998 at 2. 03 p. m. on Chalisgaon-Kannad road near Ambadi Canal. Deceased Raju was driving the scooter bearing No. HVG-4556. The scooter belonged to respondent No. 3 i. e. original respondent in the claim petition, who happens to be father of deceased Raju. A truck was ahead of Raju. While negotiating the V turn, the truck applied brakes. Deceased Raju, while negotiating the same V turn also applied brakes of scooter. He could not control his scooter and ultimately felled from scooter and died. Therefore, the mother of deceased Raju filed claim petition against owner of the scooter i. e. father of deceased Raju and the Insurance Company with whom the scooter was insured under the insurance policy.