ADITYA RAMCHANDRA PATIL Vs. YUVRAJ BHIVAJI PATIL

JUDGEMENT

(1.) This appeal is preferred by the appellants /claimants against the dismissal of the claim petition.

(2.) It is contention of learned counsel for the appellants that the deceased was travelling on bike with her husband and children. While proceeding on bike, her saree got entangled in the chain of the motorcycle, due to which the motorcycle slipped on the road, and the deceased along with her husband and children fell on ground. The deceased sustained serious injuries and died while taking treatment. The offence was registered against the husband of the deceased. Learned counsel further submitted that the deceased died while travelling on bike. It was accidental death, but the Tribunal has not considered this fact and has dismissed the claim petition on the ground that there was no accident of the vehicle and accident occurred due to sole negligence of the husband of the deceased, which is erroneous. Learned counsel further submitted that the deceased was doing milk business and earning Rs.4,000.00 p.m. from the said business but the Tribunal has not awarded compensation. Hence requested to allow the appeal.

(3.) It is contention of learned counsel for the respondent No.2/Insurance Company that four persons were travelling on the bike, which was not permitted. The saree of the deceased got entangled in the wheel of the bike, due to which bike slipped on road, the deceased sustained injuries and died. So, it cannot be considered as an accident as there was no involvement of the other vehicle in the said act. There was breach of terms and conditions of insurance policy as four persons were riding on the said bike. The Tribunal has passed well reasoned order, no interference is required in it. Hence requested to dismiss the appeal.