NATIONAL INSURANCE COMPANY LIMITED Vs. SHRAWANJI

JUDGEMENT

(1.) This appeal is filed against the judgment and award passed on 30th April, 2002 in Claim Petition No.757 of 1997 by the Motor Accident Claims Tribunal, Nagpur.

(2.) The present respondent Nos.1 to 4 had preferred Claim Petition under Section 166 of the Motor Vehicles Act, 1988 on account of death of Manoj son of respondent Nos.1 and 2 and brother of respondent Nos.3 and 4 herein. Death of Manoj occurred in a road accident which took place on 19th June, 1997 on NagpurChhindwara Road, Near Koradi Tank. On that day, the deceased was proceeding by his Scooter bearing registration No.MP283675 and as he reached a spot situated near Koradi Tank, one truck bearing registration No.MTG2042, gave a dash to the Scooter of the deceased from behind and as a result deceased Manoj sustained injuries and died on the spot. The truck was owned by the respondent No.5 and insured with appellant. It was driven by the respondent No.6, against whom the present appeal has been already dismissed in default. It was the contention of the respondent Nos.1 to 4 that this accident occurred only due to rash and negligent driving of the offending truck. They submitted that deceased Manoj was an employee of Zilla Parishad, Nagpur and working as a Primary School Teacher at Kochi, Taluka Saoner, Distt. Nagpur and earning Rs.4,000/ per month. They submitted that they were dependent upon the deceased. Therefore, they filed a Claim Petition against the present appellant and respondent Nos.5 and 6 claiming compensation of Rs.23,00,000/, which was restricted to the tune of Rs.10,00,000/.

(3.) The Tribunal, after considering the evidence available on record, allowed the petition and granted compensation of Rs.8,18,000/ to the respondent Nos.1 and 4 and directed the appellant, respondent No.5 and driver of the offending vehicle to pay the same with interest at the rate of 9% p.a. from the date of petition.