SHRIRAM GENERAL INSURANCE COMPANY LIMITED, THROUGH ITS AUTHORIZED SIGNATORY / MANAGER Vs. REKHA WD/O RAHUL SHIRSATH

JUDGEMENT

(1.) Heard. Admit. With the consent of the parties, the appeal is taken up for final disposal at the stage of admission.

(2.) This is an appeal by original respondent No. 5 Insurance Company against the judgment and decree of compensation of Rs. 27,28,000/ with interest at the rate of 7.5% p.a. passed u/s 166 of MV Act by ld.Member, MACT, Dhule on 16.10.2016 in MACP No. 5/2012 in favour of respondents No. 1 to 4 herein, both on the ground challenge to the quantum as well as fixing the liability on the appellant/Insurance Company.

(3.) The accident involved two vehicles. DeceasedRahul was travelling in a MAX bearing No. MH20/Y8070 owned by original respondent No. 4 - Mr. Bargal. Another vehicle was Milk Tanker having No. GJ05/M5897 owned by respondent No. 1, driven by respondent No. 2. The tanker was insured with United India (Orig. R3) while the Jeep was insured with Shriram General Insurance (Orig. R5). In an appeal, the original respondent No. 5 has become the appellant, while original respondent Nos. 1, 2, 3 and 4 have become respondents No. 4, 5, 7 & 8 and original claimants have become respondents No. 1 to 4. The original claimants Rekha, Kiran, Soniya & Rajashri are widow, son and two daughters, then aged 31, 9, 7 and 4 years, respectively. For the sake of convenience, the parties are hereinafter referred to as per their original status in the trial Court.