NEW INDIA ASSURANCE COMPANY LIMITED Vs. SANTHOSHIDEVI

JUDGEMENT

(1.) HEARD Mr. A. J. Pophaly, learned counsel for the appellant, mr. M. S. Deshpande, learned counsel for the respondent Nos. 1 to 6 and Mr. S. P. Dharmadhikari, learned counsel for the respondent No. 7. The respondent No. 8 though served is absent.

(2.) THIS appeal is directed against the award dated 27. 10. 1989 passed by the member, Motor Accidents Claims Tribunal, Akola in M. V. Case No. 62 of 1986 awarding compensation of Rs. 1,63,200 together with proportionate costs and interest at the rate of 10 per cent per annum from the date of the accident till realisation making the appellant insurance company as well as respondent No. 7 owner jointly and severally liable to pay the said amount of compensation.

(3.) BRIEF facts are as under: the respondent Nos. 1 to 6 are the claimants and the legal representatives of deceased Radheshyam Sharma, who died in an accident arising out of the use of motor vehicle, i. e. , truck bearing registration No. MHG 7015. This motor vehicle involved in the accident is admittedly owned by the respondent No. 7 and it was being driven by respondent No. 8 on the relevant date and time. Deceased Radheshyam was travelling in the truck as he was returning to Daryapur. The truck was loaded with murum. When truck reached at the spot of accident, near Hajariwada at a distance of about 3 km. from Murtizapur police Station, it turned turtle and went off the road and fell into the ditch by the side of the road. Radheshyam sustained grievous injuries and he succumbed to the injuries from that accident on the spot of incident itself. The first information report was lodged at Police Station Murtizapur on the basis of which offence under section 304-A of the Indian Penal Code was registered. Police had visited the spot of incident and drew the spot panchnama. They had also prepared inquest panchnama of the body of deceased Radheshyam and forwarded the same to the Medical Officer for the purpose of post-mortem examination. The post-mortem report was also received which was placed on the record of the case.