NATIONAL INSURANCE COMPANY LTD. Vs. ANIRUDDHA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award passed by Member, Motor Accident Claims Tribunal -2, Nagpur. Respondent No.1 is original claimant, respondents No. 2 and 3 are the legal heirs of the owner of offending vehicle and the appellant is insurer of the offending vehicle. According to respondent No.1, while he was proceeding as pillion rider on Bajaj make motorcycle on 03/8/2007, he met with an accident. He submitted that the motorcycle was being driven by its rider, one Parshuram in a rash and negligent manner due to which it dashed against an electric pole. Both the rider and pillion rider sustained grievous injuries. The rider of the motorcycle succumbed to the injuries, whereas the pillion rider, i.e. respondent No.1 was fortunate to recover from the injuries. This respondent No.1 felt that the accident occurred only due to rash and negligence on the part of the rider of the motorcycle and, therefore, he filed claim petition claiming compensation from the owner and insurer of the offending motorcycle. After considering the evidence on record and hearing both the rival parties, learned Member of the Tribunal partly allowed the petition and granted compensation of Rs. 1,94,000/ - with interest @7.5% per annum to respondent No.1 and it was directed to be paid jointly and severally by the appellant and respondents No. 2 and 3.

(2.) THE appellant felt aggrieved by the said judgment and award and, therefore, the appellant is before this Court in the present first appeal.

(3.) I have heard Shri A. R. Godbole, learned Counsel for the appellant, Shri A. M. Patankar, learned Counsel for respondent No.1 and Shri P. S. Chawhan, learned Counsel for respondents No. 2 and 3.