UNITED INDIA INSURANCE CO LTD Vs. LAXMIBAI

JUDGEMENT

(1.) THIS appeal is preferred by Insurer of Fiat Car vehicle No.BLU 424 owned by Respondent No.5 Jaisingh. The appellant impugns judgment and award rendered by learned Member of Motor Accident Claims Tribunal, Aurangabad in an application (MACA No.462/1991). By the impugned judgment, compensation of Rs.5,58,000/ (Rupees five lacs fifty eight thousand) was awarded to legal representatives of deceased Madhukar, who were the original claimants and had filed application U/s.166 of the Motor Vehicles Act, 1988.

(2.) INDISPUTABLY , deceased Madhukar was riding on a motor cycle around mid day on Kopargaon Babhaleshwar road, in the scorching heat of summer, on May 31, 1991. The Fiat car vehicle BLU 424 came from opposite direction. There took place accident in front of a road side hotel. The motor cycle rider (deceased Madhukar) fatally injured during course of the vehicular accident. He was rushed to Hospital. He succumbed to the accidental injuries whilst was being under medical treatment. The Police registered offence punishable U/ss.337, 427, 304 A of the I.P.C. against driver of the Fiat Car vehicle. The driver had informed the Police after about one hour regarding the incident of the vehicular accident. The name of Fiat Car s driver was immediately revealed as Dharmendra Khatav.

(3.) THE Respondent No.5 did not appear notwithstanding due service of summons. Therefore, the claim application proceeded ex parte against him.