BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. Vs. SUNITA

JUDGEMENT

(1.) Heard finally. Admit. Record and proceeding received, perused.

(2.) In M.A.C.P. No. 110 of 2008, the learned District Judge-1, Beed by order dated 31.8.2013 passed award for amount of Rs.4,86,000/- with interest @ 7% p.a., against the original respondent Nos. 1 and 2, same is questioned by the appellant (original respondent No.2).

(3.) The claim petition was under Section 163-A of Motor Vehicles Act for compensation of Rs.3,00,000/- towards death of Babasaheb Wankhede (deceased). On 8.2.2008, the deceased with his friend Krishna had been to village Madalmohi, Tq. Georai, from Jalna. The deceased was plying motor cycle MH-21-K-6325. His friend was pillion rider. When they reached near Padalsinghi, on Madalmohi to Padalsingi road, at about 9.30 p.m. one tempo was coming from opposite direction with dazzling lights, and due to its impact, the deceased could not control his vehicle, dashed against a tree and he with pillion rider, suffered grievous injuries. They were taken to Hospital. The deceased subsequently succumbed to the injuries. The deceased was 30 years old and a Rickshaw driver, earning Rs.2500/- p.m. Respondent No.1 (original respondent No.1) was owner of motor cycle and appellant was the Insurer of said motor cycle.