UNITED INDIA INSURANCE CO. LTD. Vs. GANI

JUDGEMENT

(1.) Heard learned Counsels appearing for the parties.

(2.) Both the appeals are arising out of judgment and award dtd. 8/2/2016 passed by the Motor Accident Claims Tribunal, Akola ("Tribunal", for short) in M.A.C.P. No.61 of 2011. The appeal bearing No.1385 of 2017 is preferred by the United India Insurance Company Limited challenging the directions of the Tribunal directing the appellant - Insurance Company to pay the amount of compensation and recover the same from respondent Nos.1 and 2 (respondent Nos.3 and 4 herein). The appeal bearing No.1784 of 2019 is preferred by the respondent Nos.1 and 2 therein (appellant Nos.1 and 2 herein) challenging the finding holding them liable to pay compensation to the claimants.

(3.) The brief facts, which are necessary for the disposal of these appeals, are as under : On 5/11/2009, the deceased Hina Parveen alongwith others were proceeding to Nagpur from Murtijapur by Tata Sumo Vehicle bearing No.MH-24-C-4620. As per the contention of the claimants, the said offending vehicle was driven by its driver respondent No.1 Ramesh Keshavrao Wadbudhe in a rash and negligent manner, in a high and excessive speed, lost his control over the vehicle, due to which, vehicle was turtled down. The deceased, who was travelling in the said vehicle, has sustained grievous injuries and during treatment, she succumbed to the death on 8/11/2009. Regarding the said accident, the crime No.203 of 2009 was registered at Murtizapur Police Station against the respondent No.1 - Ramesh Wadbudhe. It is the further contention of the claimants that deceased was their only daughter aged about 19 years. She was trained in sewing work and was earning Rs.350.00 per day and incurring the expenses for the family. She was earning Rs.10,500.00 per month and was contributing to the family. The claimants are the dependents of the deceased, and therefore, they are claiming compensation on account of accidental death of their daughter. The claimants further claimed compensation under the head of medical expenses, pain and sufferings and financial loss.