NEW INDIA ASSURANCE COMPANY Vs. SASHIKALA SYAMRAO

JUDGEMENT

(1.) This is an appeal preferred by the original non-applicant no.3 New India Assurance Company against the judgment and award dated 3rd February, 2001 passed by the Member, Motor Accident Claims Tribunal, Chandrapur in Claim Petition No.169 of 1994. By the said judgment and award, the original non-applicant no.2 (owner of the offending vehicle) and non-applicant no.3 (appellant - New India Assurance Company) were jointly and severally held liable to pay compensation of Rs.61,400/- along with interest at the rate of 12% per annum from the date of filing of claim till realisation.

(2.) Aggrieved by the said Award, original non-applicant no.3 New India Assurance Company has preferred this appeal and challenged the said Award sofar as it relates to joint liability of the appellant Insurance Company to pay the compensation.

(3.) Respondents No.1 to 3 are the legal representatives of deceased Shamrao Wahare who died in a vehicular accident that took place on 24-09-1994 at village Khutala. Truck bearing registration No.MWR-4727 is involved in the accident. Respondent no.5 is the owner of the said vehicle and one Mahadeo was driving the said vehicle. Deceased Shamrao was running a tea and pan shop in front of his house near Gram Panchayat Road at village Khutala. While he was sitting in his stall on the said date, the offending vehicle dashed against his stall as a result of which stall collapsed on the head of Shamrao causing him fatal injuries to which Shamrao succumbed. Appellant Insurance Company has not disputed age and income of the deceased and quantum of compensation awarded by the Tribunal.