SUNIL YEDUNATH DIXIT Vs. PANDURANG RAMJI GAROLE

JUDGEMENT

(1.) This appeal is directed against the judgment and award, passed by the Motor Accident Claims Tribunal, Basmat in Motor Accident Claim Petition No. 44 of 2012, awarding compensation of Rs.8,54,000/-, but exonerating original respondent no.2 insurance company from its liability to indemnify the owner of offending vehicle i.e. Tractor No. MH-32/A-1762 and trailer No. MH-32/A-1763.

(2.) Appellant is original respondent no.1, who is the owner of offending vehicle. Respondent nos. 1 and 2 are original claimants and respondent no.3 is insurer of offending vehicle.

(3.) Facts, in nut shell, are that on 14.9.2009 deceased Vitthal Pandurang Garole along with other 6 to 7 labours went to Anji to bring electric poles to Pandhurna. After loading the electric poles in the trailer of the offending vehicle, when they were proceeding towards Pandhurna at about 1.30 p.m., due to rash and negligent driving of the driver of the tractor it turned over. In that accident, deceased Vitthal sustained serious injuries and other labours also sustained injuries. Though the deceased was rushed to the V.N. Government Medical College and Hospital Yeotmal, he succumbed to his injuries. Therefore, being dependents of deceased, the claimants filed petition before the Tribunal for grant of compensation.