NEW INDIA ASSURANCE COMPANY LIMITED Vs. ANJU

JUDGEMENT

(1.) The appellant/insurer (original respondent no.1) has filed this appeal impugning the judgment and award dtd. 26/4/2018 passed by the Motor Accident Claims Tribunal, Aurangabad in MACP No.106 of 2016.

(2.) The respondent nos.1 to 3 herein had approached the Tribunal seeking compensation towards death of deceased Rahul, who was their bachelor son. The contention of the claimants is that, while Rahul was proceeding on his motorcycle, the truck bearing registration No.MH-34-AB-6235 came from opposite direction and collided against the motorcycle causing fatal injuries to Rahul. Deceased Rahul was 22 years of age and he was a student. According to the claimants, he was their care taker and would have been support of the advance age.

(3.) The claim was contested by the Insurance Company on the ground that the driver of the insured vehicle was not holding valid and effective driving license. The contentions regarding age, occupation and income of the deceased were denied.