ORIENTAL INSURANCE COMPANY LTD Vs. PALLAVI

JUDGEMENT

(1.) This appeal is filed under Sec. 173 of Motor Vehicles Act raising challenge to the judgment and award dtd. 28/2/2017 passed in Motor Accident Claim Petition No. 61/2015 by Civil Judge, Senior Division, Biloli.

(2.) Parties are referred to as claimants, insurer and owner for the sake of convenience.

(3.) The facts in nuthsell which led to filing of this appeal are narrated as under : Claimants are wife, son, daughter and mother of deceased Rajeshwar who died in motor vehicular accident on 27/1/2015. It is the case of claimants that along with other passengers, deceased was travelling in Tavera jeep bearing registration No. MH 26 V 4866 (offending vehicle) from Tirupati towards Naigaon. When the jeep reached the spot of the accident, it hit to the road divider and thereafter dashed against another car bearing registration No. KL 07 DX 8757. According to the claimants, driver of Tavera jeep was driving the vehicle in excessive speed and due to his negligence, accident in question has occurred. It is also claimed that crime is registered against the driver of Tavera jeep and charge-sheet has been filed against him. Claim petition was filed against the owner and insurer. The offending vehicle was duly covered by valid insurance policy during the relevant period with insurer. Claimants further contended that the deceased was employed earlier and was drawing salary of Rs.30,000.00 per month and thereafter for betterment he left the job and started business as jeweller. They claim to be dependent on the income of the deceased and compensation of Rs.20,00,000.00 was sought from respondents / owner and insurer.