NEW INDIA ASSUURANCE CO Vs. SHREELATA MOHANRAO TUPKAR

JUDGEMENT

(1.) DR. Mohanrao Tumkar, who was employed under the Zilla parishad, Aurangabad, as Medical Officer and attached to the Primary health Centre at Wadod Bazar in Sillod Taluka, was travelling in a Jeep on 15-12-1997 and at about 7. 15 p. m. when the said Jeep was stopped near khamgaon Phata bridge he got down from the said vehicle and went to attend nature's call. While he was returning towards the said Jeep by crossing the road, another Jeep (Trax) bearing Registration No. MH-20-A-7832 coming from Aurangabad side dashed him as a result of which he expired on the spot. One Anis Khan Pathan was the driver of the said Trax.

(2.) THE dependants of the deceased i. e. wife, mother and children filed a claim petition under section 166 of the Motor Vehicles Act, 1988 (for short "the Act") before the Motor Accident Claims Tribunal at Aurangabad, which came to be registered as M. A. C. P. No. 111/98, and claimed an amount of rs. 23,50,000/- from the driver, owner and Insurer of the said vehicle. The driver, who was impleaded as respondent No. 1 in the said petition, did not appear before the Tribunal whereas respondent No. 2, though appeared, did not file a separate written statement opposing the claim and he only signed the written statement filed by the respondent No. 3 Insurance Company. The defence taken by the respondent No. 3 Insurance Company (in its written statement) was that the Jeep (Trax) was not involved in the subject accident and on the other hand, Dr. Tupkar fell down from the jeep in which he was travelling, as its door suddenly opened. This defence did not find favour with the Tribunal on the basis of the evidence of the co-passenger who was travelling alongwith Dr. Tupkar in the said Jeep and who was also an employee of the Zilla Parishad. The Tribunal also considered the F. I. R. (Exhibit-41), spot panchanama (Exhibit-42), post mortem report (Exhibit-43) and the deposition of Kadir Ahmed (Exhibit-50) and recorded a finding that the Jeep, in which Dr. Tupkar was travelling, was not in any way involved in the accident and on the other hand, it was the jeep (Trax) bearing Registration No. MH-20-A-7832 which gave a dash to dr. Tiipar and as a result of which he died on the spot.

(3.) SO far as income of the deceased is concerned, the required documentary evidence by way of a Salary Certificate was placed before the tribunal. At the relevant time, Dr. Tumkar was drawing a monthly salary of Rs. 12,370/-, whereas his wife had stated that the monthly salary of Dr. Tupkar was Rs. 11. 565/ -. As the Salary Certificate was dated 16-7-2001, the Tribunal had considered the monthly salary as Rs. 12,000/- and calculated the annual income at Rs. 1,44,000/ -. The age of the deceased was shown to be 52 years, which was non disputed and he was to retire at the age of 58 years. Considering these aspects, the Tribunal granted an amount of Rs 11,27,000/- to be payable jointly by the respondents Nos. 2 and 3 with interest at the rate of 9% p. a. from the date of petitioratill full pay- merit is n ide.