LAWS(BOM)-2013-7-373

AJAY SAKHARAM NIMBALKAR Vs. SUNANDA JANABA BAMANE

Decided On July 11, 2013
Ajay Sakharam Nimbalkar Appellant
V/S
Sunanda Janaba Bamane Respondents

JUDGEMENT

(1.) THIS appeal is directed against the award passed by the learned Presiding Officer of Motor Accident Claims Tribunal, Mapusa, Goa whereby he saddled responsibility to pay 25 % of the compensation on the present appellants, who were respondents no.4 to 6 in Motor Accident Claim Petition No.72/2004 filed before the said Tribunal.

(2.) THE facts which gave rise to filing of the Claim Petition are indeed unusual. The victim Suraj was son of the claimant. He was earning salary of Rs.4,500/ - per month. He was travelling as pillion rider on Hero Honda Motorcycle bearing registration No.GA -01 -L -9737 driven by original respondent no.9 Rajesh Dina Asolkar, who is added as respondent no.8 in this appeal. He was proceeding from Banda to Danoli. Respondent no.3 in the present appeal, who was respondent no.1 in the claim petition, was driving Bajaj Chetak Scooter bearing registration No.MH -07 -D -7726. This scooter suddenly came on the main road from narrow pathway from western side of the road. The Hero Honda motorcycle on which the victim was pillion rider, was proceeding from South to North. This scooter gave a dash to the motorcycle throwing Suraj off the motorcycle. At the same time, Truck bearing registration No.GDT -7665 was proceeding towards South from North. Suraj, who was thrown off the motorcycle, came under the right side rear wheel of the Truck and was crushed to death.

(3.) THE parents of Suraj filed the claim petition for compensation arraying the driver of the scooter, his insurer, the driver and owner of the Truck and insurer of the Truck as well as the driver of the motorcycle and the insurer as the respondents in claim petition. The petition was contested by the owners and drivers of the vehicles as well as their insurers. There seems to be no insurance policy in force in respect of the scooter at the relevant time.