ORIENTAL INSURANCE CO LTD Vs. SANGITA DATTATRAYA JAMDADE

JUDGEMENT

(1.) WHEN Civil Application no. 4398 of 2003 in the appeal was placed before me on 15. 6. 2004, I directed that instead of deciding the civil application, the first appeal be taken up for final hearing as it arises out of a claim for compensation in respect of a fatal accident which was filed in the year 1995. Accordingly, I have heard the counsel appearing for the parties on the last date and today.

(2.) THE claim for compensation arises out of death of one Dattatraya Mahadeo jamdade. It is an admitted position that he was riding a bicycle as pillion rider. A jeep no. MH 6-C 2640 driven by respondent no. 5 and owned by the respondent No. 6 dashed against the bicycle as a result of which the deceased expired. Respondent nos. 1 to 4 are the claimants. Respondent no. 1 is the widow of the deceased and respondent Nos. 2 to 4 are the minor children of the deceased. Appellant is the insurance company with which the offending vehicle was admittedly insured on the date of accident.

(3.) IT appears that the owner of the offending vehicle did not contest the claim and, therefore, on the application made by the appellant insurance company permission was granted to defend the claim on behalf of the insured. The Tribunal awarded compensation of Rs. 4,75,000 together with interest thereon at the rate of 9 per cent from the date of filing of the petition till its realisation.