ORIENTAL INSURANCE CO LTD Vs. BABULAL

JUDGEMENT

(1.) Heard both sides.

(2.) Aggrieved by the direction to pay compensation in a Motor Accident Claim Petition, the original respondent no.3 i.e. the insurer of the truck has preferred the present appeal.

(3.) Present respondent nos.1 and 2 i.e. the parents of the deceased Santoshkumar had filed the claim petition. They pleaded that on 10/2/1995 while deceased Santoshkumar was proceeding by his scooter bearing no.MH20G4742 to Nawabpura area from CIDCO by Jalna Road in Aurangabad city, at that time, near Seven Hill "T" point, a goods truck bearing registration no. MRL2007 gave dash to the said scooter. The accident had occurred due to the high speed of the truck as the truck driver i.e. the present respondent no.4Dharmaji was driving the truck in rash and negligent manner.