SHRIRAM GENERAL INSURANCE COMPANY LIMITED Vs. TILOTTAM

JUDGEMENT

(1.) This is an appeal by the insurance company, taking exception to the judgment and award dtd. 3/9/2019 passed by the Motor Accident Claims Tribunal, Latur, in Motor Accident Claim Petition No. 129 of 2015. Under the impugned judgment and award, the appellant-insurance company along with the driver and owner of the tractor have been directed to pay a sum of Rs.9,93,000.00 as compensation with interest at the rate of 9% per annum on account of death in vehicular accident.

(2.) The facts, giving rise to the present appeal, are as follows:- Deceased - Sandip would ply a passenger ferrying auto rickshaw to earn his living. He would do agriculture as well. On 12/11/2014, he had been to Renapur in his auto rickshaw. While he was on his way back home, the auto rickshaw met with accident. It was about 09.00 p.m. of 12/11/2014. He was proceeding along Latur-Ambejogai Road. Near Pimpale Phata, a tractor (MH-24-D-3319) driven in rash and negligent manner approached from opposite side. The tractor dashed against the auto rickshaw. As a result thereof, Sandip died on the spot.

(3.) The widow, two minor children and the mother of the deceased - Sandip filed a petition for compensation against the owner of the tractor (respondent no. 5 herein), its driver (respondent no. 6 herein) and the insurer of the tractor (appellant herein). The owner and driver of the tractor did not file their written statement in the claim petition. The appellant - insurance company contested the petition on the ground of false involvement of the tractor. The Tribunal allowed the claim petition granting compensation, as stated above. It is also averred that the tractor driver did not have a valid and effective driving licence.