ORIENTAL INSURANCE CO LTD Vs. RAJKAUR RANJITSINGH BHATTI

JUDGEMENT

(1.) The submissions of the learned counsel for the parties were heard on 18th March 2008. As the Admission Board was very heavy, after concluding the hearing, the Judgment was reserved and the Appeal is kept today for dictation of the Judgment.

(2.) The Appellant-Oriental Insurance Company Ltd. has taken an exception to the Judgment and Award dated 4th October 1999 passed by the Ex-Officio Member of the Motor Accident Claims Tribunal, Raigad-Alibag. The first and Second Respondents are the original claimants who filed a claim petition invoking section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the said Act of 1988").

(3.) According to the first and second respondents, the accident occurred on 30th July 1992. According to the case of the first and second Respondents, deceased Ranjit Singh Bhatti was employed as a driver with M/s. Total Carriers P.Ltd. The said employer (Respondent No.3 herein) was the owner of the heavy goods vehicle No.MH-06 7121. At the time of accident, the deceased was driving the said heavy goods vehicle. The case made out by the first and second respondents is that when the deceased was driving the truck on Bombay-Goa national highway within the limits of Sukeli village, the deceased tried to apply brakes but it went off the road and turned turtle. The allegation is that the vehicle was not in a roadworthy condition and the accident was caused as the third Respondent failed to maintain the goods vehicle in a proper condition.