KALPANA Vs. SALIM FATTUBHAI SHAIKH

JUDGEMENT

(1.) The appellants / original claimants in Motor Accident Claim Petition [MACP] No.40/2014 before Motor Accident Claim Tribunal, Ahmednagar [for short 'the Tribunal'] impugns the judgment and award dtd. 09/01/2019 passed under Sec. 166, in this appeal filed under Sec. 173 of the Motor Vehicles Act, 1988 [for short 'the Act'].

(2.) The claimants had approached the Tribunal seeking compensation of Rs.2,52,70,000.00 from the respondents towards accidental death of Dnyandev Namdeo Gavhane [deceased] in an accident dtd. 15/10/2013. It is the contention of the claimants that the deceased - Dnyandev, while riding his motorcycle was dashed by a tempo registration No. MH-17-AG-4369, owned by respondent no.1 and insured with respondent no.2. According to the claimants, the tempo driver was responsible for the accident. It is further contention of the claimants that deceased - Dnyandev was aged 43 years and was earning Rs.2,00,000.00 per month from agriculture and milk supply. He was also owner of a tractor and rickshaw that was adding to his income.

(3.) The claim petition was contested by respondent no.2 - insurer on the ground that the insured tempo has been falsely implicated and the collusive claim is presented for compensation. In the alternative pleaded that respondent no.1 [owner of vehicle] is guilty of breach of conditions of the policy. On merit, pleaded that the claim is excessive and exorbitant.