NATIONAL INSURANCE CO. LTD., NAGPUR Vs. JAGANNATH

JUDGEMENT

(1.) This appeal takes an exception to the judgment and award dated 03.05.2010 passed by Motor Accident Claims Tribunal, Nagpur in M.A.C.P. No. 980/2006. The appellant is insurance company and along with the owner of the vehicle is held jointly and severally liable to pay the amount of Rs. 2,75,000/inclusive of no fault liability as compensation to respondent No. 1 and 2 with interest at the rate of 7.5% per annum from the date of petition till realization of the amount.

(2.) Briefly stated, facts of the appeal are as under: Deceased Sanchit, aged 17 years was the son of respondent Nos. 1 and 2. On the date of incident on 30.08.2006 he was driving motorcycle bearing MH-27-J-8700 and proceeding from his college towards home along with his friend sitting as pillion rider. When the motorcycle came in front of Coco Cola Factory, M.I.D.C. Wadi, Nagpur the bus bearing No.MH-40-4385 came from opposite direction in high speed and gave dash to the motorcycle of the deceased. As a result, deceased sustained injuries and succumbed to the head injury. Respondent Nos. 1 and 2, who are the parents of the deceased therefore, were constrained to file the petition for compensation. According to them, deceased was a student of Polytechnic 1st year and he would have become Class-I Officer and earned income of Rs. 10,000.00 per month. However, due to his untimely death the petitioners had suffered psychological and monetary loss. The luxury bus which gave dash to the deceased being owned by respondent N.3 and the appellant being insurance company of the said luxury bus, respondent Nos. 1 and 2 claimed compensation of Rs. 7 lakh from them jointly and severally.

(3.) This petition was resisted by the present appellant vide written statement at Exh.14, contending inter alia that the deceased was not holding driving licence and the accident has occurred due to his negligence; therefore, the insurance company cannot be held liable to pay any amount of compensation.