DIVISIONAL CONTROLLER Vs. JYOTI

JUDGEMENT

(1.) By this appeal, Insurance Company claims exception to the Judgment and award dtd. 16/1/2020 passed by the learned Member of Motor Accident Claims Tribunal, Nanded in Motor Accident Claim Petition No. 189 of 2018, whereby the claim for compensation was partly allowed.

(2.) Respondents/claimants are the legal heirs of deceased Nandkishor who died in vehicular accident dtd. 10/4/2018. At the relevant time, deceased was proceeding by motorcycle to whom the ofending vehicle namely Maharashtra State Transport Corporation Goods carrying bus bearing Registration No. MTB-2292 coming from opposite direction gave severe dash. The accident resulted into the death of Nandkishor. Thereafter, the legal heirs of Nandkishor have fled claim petition before the Tribunal seeking compensation for his death. The compensation has been claimed from the appellant who is the owner of State Transport Bus involved in the accident. The tribunal held that due to rash and negligent driving of bus driver, accident occurred and accordingly, assessed the compensation on the basis of notional income of the deceased to the tune of Rs.9,52,000.00.

(3.) In this appeal, the appellant Maharashtra State Road Transport Corporation has primly challenged the involvement of State Transport bus in accident apart from other defences. Rather, the defence of non-involvement was the center of focus. In this regard, the appellant relied on the evidence of bus driver, Deepak Madeswar and the S.T. Depot Inward register. It has come in the evidence of buy driver that on that day, though he plied concerned bus on the same road, however, the bus was not involved in the accident. He deposed that, on that day he proceeded from Loha to Kandhar and deposited the bus in Kandhar Depot around 7.45 p.m. In support of his contention, inward register of Kandhar Depot has been produced showing the entry that bus bearing Registration No. MTB 2292 was deposited in S.T. Depot at 7.45 p.m.