(1.) This appeal is arising out of judgment and award dtd. 17/7/2020 passed by learned Member of the Motor Accident Claims Tribunal (learned Member of the tribunal), Mangrulpir in MACP No.52/2014. The appeal is preferred by the claimants for grant of compensation against the damages of vehicle.
(2.) Brief facts of the case are as under: On 6/11/2013 , at about 6:30 am, Prasad Vinodrao Sarodaya (the deceased) was proceeding towards Wardha from Karanja in his own car bearing registration No.MH-32-C- 4126. When his car reached near Shingnapur Phata, one school bus bearing registration No.MH-31-CB-8915, driven by respondent No.1 (the driver of the offending school bus), in a rash and a negligent manner dashed against the said car of the deceased. Due to the severe dash, the deceased sustained grievous injuries and succumbed to the injuries. The claimants are the wife and children of the deceased. Regarding the said accident, a crime was registered at Nandgaon Khandeshwar Police Station vide Crime No.121/2013. As per the contentions of the claimants, the offending school bus was owned by respondent No.2 the Institute and validly insured with the respondent No.3 insurance company. The respondent No.4 was the previous owner of the offending school bus. The claimants, therefore, claimed that the driver, the owner i.e. the Institute, the previous owner, and the insurance company all are jointly and severally liable to pay compensation. The claimants claimed compensation on the ground that damage was caused to the vehicle to the extent of Rs.10.00 lacs.
(3.) The respondent No.2 the Institute and the respondent No.4 the previous owner of the offending school bus resisted the claim by filing written statements. As per their defence, the offending school bus was insured with the insurance company vide cover note No.1088141 valid for 10/7/2013 to 9/7/2014. Hence, the insurance company is liable to indemnify the owners. They denied the allegations of a rash and negligent driving.