NATIONAL INSURANCE CO LTD Vs. ASHOK DASHARATH SABLE

JUDGEMENT

(1.) PARTIES had approached this Court by way of Civil Miscellaneous Applications to modify the stay orders granted. However, considering the nature of the matter and with the consent of the parties, both these First Appeals themselves been taken up for final hearing.

(2.) THESE two appeals are being disposed off by a common Judgment as they arise from the same accident though there were two separate Claim Applications.

(3.) IN first Appeal No.1385 of 1996, the Respondent Nos.1 and 2 were the original Claimants. They filed the Claim on the ground that on 4th September, 1990, the truck bearing No.MHT 7446 was driven in a rash and negligent manner and it caused the death of their daughter Late Kum.Ujawala Prakash Sankpal aged 16 years. At the time of her death she was studying in the 11th Std. It was claimed that she was drawing salary of Rs.250/- to Rs.300/- per month. The truck was insured with the present Appellant, and the compensation claimed was Rs.75,000/-. No written statement filed on behalf of the Respondent Nos. 3 and 4 herein who are driver and owner respectively. The Appellant filed the written statement and in paragraph 5 claimed that the late Kum. Ujwala contributed to the accident. They denied their liability to pay the amount claimed. The Claims Tribunal on the material before it arrived at a conclusion that the Appellant herein had been unable to produce any evidence in support of their contention that the late Kum. Ujwala had contributed to the accident on account of her negligence. The Tribunal also held that the Claimants/Respondent Nos. 1 and 2 herein were able to establish that their deceased daughter was drawing about Rs.250/- per month and based on the said claim for loss of income awarded Rs.96,000/- and for funeral expenses an amount of Rs.4,000/-. Thus awarded total claim of Rs.1 lakh with interest at the rate of 12 per cent per annum. The Award was against the Appellant and Respondent No.4. There is no Award passed against Respondent No.3.