LAWS(BOM)-2009-1-68

NATIONAL INSURANCE COMPANY LTD Vs. LAHANU MANJIT PATIL

Decided On January 16, 2009
NATIONAL INSURANCE COMPANY LTD Appellant
V/S
LAHANU MANJIT PATIL Respondents

JUDGEMENT

(1.) Heard the Counsels. The judgment and Award dated 19-4-2005 in MACP No. 57/2001 passed by the learned Member, Motor Accident Claims Tribunal, Jalgaon is under challenge by the Insurance Company.

(2.) The facts in case, which are broadly accepted are, on 17-11-2000 at around 6-00 am while deceased Dnyaneshwar aged 20 years was standing in front of hotel. A Truck No. HR-38-C1871 insured with the appellant/ insurance company came in high speed and turtled. In the said event, the deceased Dnyaneshwar was crushed and succumbed instantly.

(3.) Deceased Dnyaneshwar was only son of claimant and a earning member, having monthly income of Rs. 3,500/-