NEW INDIA ASSURANCE CO LTD Vs. SHASHIKALABAI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 23-3-1993 passed by the Motor Accident Claims Tribunal, Parbhani (for short, the Tribunal) in Claim Application No. 6 of 1989.

(2.) THE respondent No. 6 herein is the owner of the motor truck bearing registration No. MTT6521. At the relevant time, the said truck was being driven by the respondent No. 7. The respondents Nos. 1 to 5 are the heirs of Bhimrao salone, who died in an accident involving the said truck bearing No. MTT 6521. The appellant is an insurance company with whom the said motor truck was insured.

(3.) DECEASED Bhimrao had gone to purchase vegetables at the market at parbhani and was walking on the road. At that time, the respondent No. 7, who was driving the motor truck bearing registration No. MTT 6521 rashly and negligently, knocked down Bhimrao, who died on the spot. The respondent Nos. 1 to 5 being the widow and the children of deceased Bhimrao, filed a claim for recovery of compensation against the respondent No. 6 the owner, the respondent no. 7 the driver and the appellant insurance company. The Tribunal held that the respondent No. 7 was driving the truck in rash and negligent manner and the death of Bhimrao was caused in the motor accident which was caused on account of the negligence of respondent No. 7. The Tribunal held that the deceased was earning salary of Rs. 1,800/- p. m. Taking into consideration the age of the deceased, the Tribunal awarded compensation of Rs. 2,13,000/- to the respondents Nos. 1 to 5. The appellant and the respondents Nos. 6 and 7 were held to be jointly and severally liable to pay the said compensation. That judgment is impugned in this appeal.