ORIENTAL INSURANCE COMPANY LTD Vs. SUDHAKARRAO RAMBHAU BORADE

JUDGEMENT

(1.) This is an appeal by the original respondent no.4 Oriental Insurance Company Limited, challenging the award dated 20.9.2011 passed by the Motor Accident Claims Tribunal, Amravati in Claim Petition No.317/2002, awarding compensation in the sum of Rs.4,47,000/ to the claimants no.1 to 3.

(2.) On account of motor vehicular accident occurred on 4.10.2002, involving scooter bearing no. MH 27/E 316 and truck bearing MTV 845, Ajay Sudhakarrao Borade, son of the claimant no.1 and 2 and brother of claimant no.3 sustained fatal injuries and died. The deceased was unmarried. He had taken training of running Small Scale Industries. Thereafter he and the claimant no.3 started business in the name and style of M/s Mahalaxmi Industry and for that loan of Rs.10,00,000/ was borrowed from the Maharashtra State Finance Corporation. Since the claimant no.3 was handicapped, he was a sleeping partner, whereas the entire business was being managed by the deceased. It is alleged that he used to earn Rs.15,000/ per month. Therefore, compensation of Rs.7,00,000/ was claimed.

(3.) The original respondents no.1 and 2, (the driver and owner of the truck no. MTV 845) filed written statement and denied the negligence, if any, on the part of the respondent no.1. The respondent no.3 in whose name the scooter was insured did not put his appearance before the Tribunal. The respondent no.4/appellant with whom the truck was insured resisted the claim petition on the ground that at the relevant time the Truck MTV 845 was not insured with them. It was further alleged that accident occurred due to negligence of the deceased.