JAKHOTIYA PLASTICS PVT. LTD. Vs. SMITA LAXMAN GAUDE

JUDGEMENT

(1.) Heard Mr. Sanket Kamat and Mr. Yogesh Nadkarni for the appellant and Ms. Christabel Afonso for the respondents.

(2.) The appellant is admittedly the owner of the Bajaj Chetak Scooter bearing registration no.GA-01-K-5980 involved in an accident on 20/12/2011, which resulted in the death of Laxman Surya Gaude. The scooter was driven by one Pranab Jana (Jana), who was impleaded as respondent no.1 before the Motor Accident Claims Tribunal (Tribunal). However, the said Jana has not been impleaded as a party in this appeal for the reasons best known to the appellant.

(3.) The deceased Laxman's widow, Smita, then aged 37 years, his two minor children, Sanat and Akash, then aged 6 and 4 years respectively, and his mother Savitri, then aged 60 years, instituted Claim Petition No.53/2012 before the Tribunal seeking compensation on account of the death of Laxman in the vehicular accident. The Tribunal has awarded the claimants compensation of Rs.37,37,500.00, including the amount of Rs.50,000.00 towards No-Fault Liability together with interest @ 9% p.a. from the date of filing of the claim. Since the scooter was not insured, the appellant is held to be liable for payment of this awarded amount together with said Jana (driver). Hence this appeal by the appellant-owner of the offending vehicle.