N SUJATA Vs. SARAT SRIKANTA MAHANTA

JUDGEMENT

(1.) On 30.03.2015, This Court Issued Notice For Final disposal of the matter. The Respondents are served. Shri A.J.Pophaly, the learned counsel appears for respondent No.3 and Shri J.A.Anthony, the learned counsel appears for respondent No.6. None appeared for other respondents.

(2.) In M.A.C.P. No. 122 of 2008, decided on 22.09.2014, the Motor Accident Claims Tribunal, Chandrapur, passed an award under Section 166 of the Motor Vehicles Act, holding the owner of the jeep bearing registration No. MH34D2034 liable to pay the amount of Rs.27,21,800/ inclusive of 'no fault liability' together with interest at the rate of 9% per annum from the date of application till its realization. The claimants are before this Court to hold the insurer of another vehicle which is a Tipper Truck bearing registration No. MH34M1660 along with the owner as jointly and severally liable to pay the amount of compensation, as the jeep which the deceased occupied was not insured and that it is difficult to recover the said amount from the owner and driver of the jeep.

(3.) The Accident In Question Occurred On 24.07.2007 on National Highway No. 265, going from North to South on which the truck loaded with coal was standing on the left side facing in a southern direction. The another vehicle i.e. commander jeep bearing registration No. MH34D2043 coming from Rajura and going to Gadchandur i.e. to the southern side dashed this stationery truck from the backside at about 7.20 p.m. The deceased N. Ramchandra Naik who was the occupant in a jeep died on the spot as a result of injury which he suffered in such collision.