ORIENTAL INSURANCE CO LTD Vs. ARUNA CHHAGAN KALAMKAR

JUDGEMENT

(1.) HEARD learned counsel, appearing on behalf of respective parties.

(2.) THE Insurance Company/original respondent No. 2 in Motor Accident Claims petition No. 428/1997 preferred the present appeal challenging the award dated 21-06-2002, passed by the learned Member, Motor Accident claims Tribunal, Aurangabad, granting compensation of an amount o32,65,000/-to the claimants with future interest at the rate of 9 per cent per annum.

(3.) RESPONDENTS No. 1 and 2, the mother and sist deceased Swapnil @ Pappu kalamkar filed Motor Accident Claims Petition (MACP) No. 428/1997 under section 166 of the motor Vehicles Act, and claimed compensation of an amount of Rs. 90,00,000/- on ac of death of deceased Swapnil occurred in an accident which took place on 22-05-1996 on jalna-Aurangabad road. sed Swapnil was travelling in a car bearing Car No. MP-09/n-Respondent No. 1 in the petition was driving the said car. The car was owned spondent No. 3. It was insured with the respondent No. 2 (present appellant) under policy No. 1500/0036/31/96/03257. The car was coming towards Aurangabad. At a distance of 20 to 25 kilometers from aurangabad, the car was d to one neem tree near Primary Health Centre at Karmad, resulting in instantaneous death of deceased swapnil on the spot. Another occuin the car by name Sharad sustained severe injuries and died after a couple of months. Athis accident, Crime No. 1-45 of 1996 under section 304-A, 337 and 427 of the Indian Penal Code came to be registered in Karmad Police Station. At the time of this accident, deceased Swapnil was twenty six years old. He was engaged in the business of plying luxury buses and tankers. He was a commerce graduate. His monthly earning was Rs. 26,000/ -. His longevity was alleged to be upto seventy years of age and on all these counts, the claimants preferred the claim for an amount of Rs. 90,00,000/ -. The respondent No. 4, the father of the deceased was joined as respondent in the claim petition; however, he died during the pendency of petition.