ICICI LOMBARD GENERAL INS. CO. Vs. SAVITA

JUDGEMENT

(1.) The appellant/respondent No.1 impugns judgment and award dtd. 14/7/2023 passed by Motor Accidents Claim Tribunal, Beed in M.A.C.P. No. 291 of 2019 by which the claim for compensation of Rs.27,09,142.00 has been allowed directing the owners and insurer to pay said amount to respondent Nos. 1 to 5 (original claimants). (For sake of convenience, parties are referred by their original status in the claim petition.)

(2.) Respondent Nos. 1 to 5 instituted M.A.C.P. No. 291 of 2019 under Sec. 166 of the Motor Vehicles Act for grant of compensation towards accidental death of late Srikisan Uttam Ghadge. It is contention of claimants that on 19/5/2019, late Shrikisan was driving a Tipper bearing Registration No. MH-48/T-6264 from Ambejogai towards Kallam. Another tipper, bearing Registration No. MH44/7676 came from opposite direction in high and excessive speed, gave forcible dash to the Tipper of Shrikisan, due to which, he suffered fatal injuries and breathed his last on 2/6/2019. According to claimants, they were dependent on income of late Shrikishan,who was earning Rs.14,000.00 p.m. being employed as driver on the Tipper. Apart from that, he was holding agricultural land and adding income to the family.

(3.) The claim was contested by owner, driver and insurer of tipper bearing Registration No. MH-44/7676 on the ground that late Shrikisan himself was author of accident. Immediately after incident, the offence was registered against him and finally he has been charge sheeted for the offence of rash and negligent driving. The claim as to loss of dependency income of deceased was also denied. The claimants, in order to prove negligence on the part of respondent No.3, examined 3 eye witnesses of the incident, apart from CW-5 Pandurang, employee of deceased Shrikisan.