BAJAJ ALLIANZ INSURANCE COMPANY Vs. KEKANAJE BALAKRISHNA BHAT

JUDGEMENT

(1.) Heard learned counsel for the Appellant/Insurance Company and learned counsel for Respondent No.1 and 2/Claimants. As regards Respondent No.3 (driver), the appeal is already dismissed. None appears for Respondent No.4 (owner) though served.

(2.) This is an appeal under Sec. 173 of the Motor Vehicles Act, 1988 ('the said Act' for short) challenging the Judgment and Award dtd. 22/2/2021 passed in Motor Accident Claims Petition (MACP) No. 22 of 2017 by the Motor Accident Claims Tribunal (MACT), Sindhudurg-Oros. By the impugned Judgment and Award, the Appellant/Insurance Company is jointly and severally held liable to pay Rs.21,60,760.00 along with interest 9% p.a. to the claimants from the date of claim.

(3.) Few facts are as follows. On 16/5/2016 at about 2.15 p.m. one Prabhavati Balkrushna Bhat (deceased) was travelling with her husband and son (claimants) from Manglur to Jaigad-Ratanagiri in Alto Car bearing No. KA-19-MC-0254 (offending vehicle). When the car reached Zarap Muslimwadi area, Respondent No.3-the Driver, who is brother of Claimant No.1, lost control of the car which swerved on one side of the road and while trying to control the vehicle, it collided against the divider on the road and turned turtle. In the said accident, deceased suffered internal injuries, who was shifted to hospital, where she was declared dead on examination.