NATIONAL INSSURRANCE CO. LTD Vs. ZANAK

JUDGEMENT

(1.) Heard finally. None for the respondents though duly served.

(2.) This appeal is preferred against the judgment and Award passed on 23.11.2012 in Claim Petition No. 365 of 2009 by Member, Motor Accident Claims Tribunal No. 1, Nagpur.

(3.) Respondents 1 to 4 were the petitioners who had filed claim petition under Section 166 of the Motor Vehicles Act, 1988 against respondent no. 5 and the present appellant. It was their case that their youngest brother Ramesh Jaypal Morasiya died in a vehicular accident which occurred on National High Way No. 6 on 28.3.2009. According to them, at the relevant time, deceased Ramesh was proceedings on a bicycle from the direction of village Kharbi to a Petrol Pump on the National High Way and at that time one truck bearing registration No. AP29/ U1597 came in a high speed from behind and dashed against left side of bicycle of Ramesh. Ramesh sustained serious injuries and died of them. Offences were registered for rash and negligent driving against the driver of the truck. The truck was insured with the appellant and owned by respondent no. 5. The petitioners (respondents 1 to 4) submitted that the accident occurred due to rash and negligent driving of the said truck and since they were dependent upon the income of the deceased at the time of death, the appellant as well as the owner of the truck, i.e. respondent no.5, were liable to pay compensation to them.