ORIENTALINSURANCE CO. LTD. Vs. SHAKUNTALABAI PUNDLIK DUKARE

JUDGEMENT

(1.) HEARD .

(2.) THIS appeal arises out of judgment and award passed by Motor Accident Claim Tribunal, Amravati on 18 -4 -2012 in MACP No. 99/2008.

(3.) DECEASED was travelling by auto -rickshaw on 8 -1 -2008. When the auto -rickshaw reached Village Karajgaon on Amravati -Morshi Road, the said Tata Indica car approached from the opposite direction in high speed and there was a head on collision between the car and auto -rickshaw. Deceased Pundlikrao died on the spot in this accident. Respondent nos. 1 to 4 contended that the accident occurred solely due to rash and negligent driving of said Tata Indica car by respondent no. 5. Therefore, they filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs. 6,40,000/ - jointly and severally from the appellant and respondent nos. 5 and 6.