ORIENTAL INSURANCE CO LTD Vs. BALKRISHNA BHADUJI KAKHE

JUDGEMENT

(1.) The appellant has taken exception to the judgment and award passed by Member, M.A.C.T., Akola, in M.A.C.P. No. 107/91, dated 30th October, 1993, in a claim petition filed by respondent Nos. 1 to 6 against respondent Nos. 7 to 11 & appellant for claiming compensation of Rs. 3,00,000/- for the death of the son of respondent Nos. 1 and 2, namely Raju, who died in an accident in a collision between two trucks, one bearing Number MHG-7655 driven by respondent No. 8 Gurubachansingh Mangalsingh and owned by respondent No. 7 Smt. Parvindar Kaur Tuli and insured with the present appellant i.e. Oriental Insurance Co. Ltd., and the another truck bearing No. MTG- 8466, owned by respondent No. 9 Sayyed Jafar, driven by respondent No. 10 Mohd. Ismail Sheikh and insured with respondent No. 11- New India Assurance Co. Ltd.

(2.) The assertions of respondent Nos. 1 to 6 in the petition were that respondent Nos. 1 & 2 are the parents of deceased Raju whereas respondent Nos. 3, 4, 5 are the brothers of deceased Raju and respondent No. 6 is the younger sister of said deceased Raju. It is alleged that respondent No. 1 (org. claimant No. 1) and deceased Raju were the only earning members of the family. On fateful day i.e. on 23.02.1991 at about 3.43 p.m. (in the afternoon) deceased Raju was sitting in the truck No. MHG-7655. It was insured with the appellant Oriental Insurance Company. It is alleged that the deceased was travelling in the said truck in the course of employment of original respondent No. 1. At the relevant time, the truck No. MTG- 8466 was coming from the opposite side. Near the Cotton Market, Murtizapur on N.H. No. 6, there was collision between these two trucks. It was alleged that the accident had occurred due to rash and negligent driving of the said trucks by the drivers of those trucks. Deceased Raju suffered injuries in that accident and succumbed to those injuries later. Claimants, present respondents Nos. 1 to 6 claimed compensation of Rs. 3,00,000/- from the appellant as well as other respondents jointly and severally.

(3.) According to the claimants, deceased Raju was working as "cleaner" on the truck No. MHG-7655 and he was getting salary of Rs. 1000/- per month. He was also getting T.A. and D.A. excluding his salary. His total monthly earning was Rs. 1,250/-. His age at the relevant time was about 23 years. He was strong and able bodied person. He had a very bright career. Due to untimely death of said Raju, the respondent No. 1 and other respondents lost the source of family livelihood, and that caused severe mental shock and agony. They issued notice to the respondents 8s appellant and claimed above compensation in the proceedings.