ZOHARABI AND ORS. Vs. UTTAM SHANKAR MATKAR

JUDGEMENT

(1.) BY the present appeal, the appellants are challenging the judgment and award passed by the learned Member, Motor Accident Claims Tribunal, Akola in M.A.C.P. No. 123/1992, dated 07.07.1999.

(2.) BRIEF facts giving rise to the present appeal can be summarized as follows:

(3.) ON behalf of the claimants, some documents were placed on record in support of their claim and the claimant/appellant No. 1 Zoharabi was subjected to oral evidence. The respondent Nos. 1, 2 and 4 did not appear in the matter and the same was proceeded ex -parte against them. The respondent No. 3 filed a written statement and admitted ownership and insurance of the offending vehicle truck. The respondent No. 3 denied the contentions in respect of earnings of deceased Mohd. Haris. An attempt was made by the respondent No. 3 to submit that the driver of the jeep himself was driving the vehicle in rash and negligent manner and the claim of the claimants is exaggerated. The respondent No. 5, insurance company of jeep vehicle, by filing written statement contested the claim petition. It was the submission of respondent No. 5 that as the accident was a result of rash and negligent driving of the driver of the truck, the insurer of the jeep i.e. respondent No. 5, cannot be held responsible for payment of compensation to the claimants.