JAYHREE NARENDRA KATARIYA Vs. SOMNATH DAMODHAR KALE

JUDGEMENT

(1.) These are three Civil Appeals directed against one and the same judgment and award dated 14-9-1995 passed by learned Member, Motor Accident Claims Tribunal, Ahmednagar in Motor Accident Claims Application No. 63 of 1989.

(2.) The appellants in First Appeal No. 41 of 1996 are original claimants who are legal heirs of deceased Narendra Kataria who died in a road accident on 21-1-1989. They had filed petition under section 166 of the Motor Vehicles Act for compensation. They had filed a claim of Rs. 5 lacs by way of compensation against the truck driver (respondent No. 2) of the offending vehicle namely; truck No. MTB 4728 belonging to Somnath Damodhar Kale (respondent No. 1), the truck owner and also the Insurance Company (respondent No. 3) The award came to be passed directing all respondents, jointly and severally to pay to the appellants a sum of Rs. 2,37,000/- only with interest @ 12 per cent p.a. and for Rs. 2,62,000/-, it was disallowed and dismissed by learned Member of the MACT, Ahmednagar. Therefore, it is appeal for Rs. 2,62,000/-.

(3.) First Appeal No. 472 of 1995 has been preferred by appellant United India Insurance Company Ltd. who also challenged the same Award dated 14-9-1995 on the point of limited liability as per the terms and conditions of the policy referring to the risk of third party and alleged liability to the extent of Rs. 1,50,000/- only. The impugned award was further challenged on the point of quantum on account of alleged contributory negligence of the deceased who met with an accident due to rash and negligent act while driving his own scooter. Therefore, appellant United India Insurance Company urged for reduction of an award by 50 per cent after considering that the real income of the deceased is not proved on record. It is thus for modification of award to the extent of Rs. 75,000/- on these two grounds.