ORIENTAL INSURANCE CO. LTD Vs. DADASAHEB BAPU NARUTE

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'the said Act') has been filed by the insurer challenging the judgment dated 18/03/2006 passed by the Claims Tribunal, Baramati, thereby awarding an amount of compensation of Rs. 25,40,000/- with 9% interest on account of death of the son of the claimants.

(2.) It is the case of the original claimants that on 04/05/2012 their son was sitting on a motorcycle at about 5.00 p.m. by the side of the road. A truck insured with the present appellant gave a dash to the said motorcycle resulting in injuries to their son - Shivaji. Their son succumbed to the said injuries. He was aged about 20 years and by filing application under Section 166 of the said Act, compensation of Rs.45,00,000/- was claimed.

(3.) The owner of the vehicle remained ex-parte. The Insurance Company filed its written statement and did not dispute that the truck in question was insured by it. It was however pleaded that the accident occurred on account of negligence of the deceased and that there was also a breach of policy by the owner of the vehicle.