ORIENTAL INSURANCE COMPANY LIMITED Vs. MAROTI

JUDGEMENT

(1.) The present appeal is against the judgment of Motor Accident Claims Tribunal, Kelapur in Motor Accident Claim Petition No.61 of 2009.

(2.) The fact which is not in dispute is that on 27-11-2008, deceased Shatrughan was going to his home at village Zuli from Pandharkawada with his friend Vikas Kudmethe. He was a pillion rider on motor cycle of his friend who was driving motor cycle bearing registration No.MH29/U-3811. His friend i.e respondent no.2 drove the said motor cycle in a rash and negligent manner. When it reached near Daheli-Tanda, motorcycle bearing registration No. MH-29/Q-4624 came from opposite direction. The said motor cycle was driven by respondent no.1 in a rash and negligent manner. The riders of both the motorcycles could not control their respective vehicles and there was head on collusion between the motorcycles. The deceased died on the spot.

(3.) The report was lodged. Crime No.146 of 2008, for the offences under Sections 279 and 304-A of the Indian Penal Code, 1860, was registered at Police Station Pandharkawada against respondent nos. 1 and 2. The vehicle of respondent no.2 was insured with respondent no.4 (in Claim Petition).