MARATHA CEMENT WORKS Vs. VAISHALI

JUDGEMENT

(1.) Date of pronouncing the judgment : 23/08/2019. Judgment The present appeal is against the judgment of the Motor Accident Claims Tribunal (MACT), Chandrapur in Motor Accident Claims Petition No. 120/2006.

(2.) Deceased Kashinath Dandekar, aged about 37 years was serving as Police Constable in Police Station, Gondpipri. His monthly salary was Rs. 9,671/-. On 5-6-2006, he was proceeding from Chandrapur to Ballarsha on his motorcycle bearing no. MH-34-T-9833. When he reached near Nandgavan Fata, offending Tanker bearing no. MH-34-M-4921 came in high speed in a rash and negligent manner and gave dash to deceased Kashinath from back side. Due to accident, Kashinath died on the spot. Police Station Officer, Ramnagar, 3 jg.fa 530.14.odt Chandrapur registered an offence punishable under Sections 279, 304-A, 427 of the Indian Penal Code and Section 184 of the Motor Vehicles Act against the driver of offending vehicle which was owned by the appellant (Respondent No. 1 in Claim Petition) and insured by respondent no. 5 (Respondent No. 2 in Claim Petition). The parties are referred by their nomenclature in the claim petition.

(3.) The claim petition was filed by the legal heirs of deceased claiming compensation of Rs. 10,00,000/-. The respondent nos. 1 and 2 i.e. owner and Insurance Company appeared and filed their respective written statements. The Insurance Company raised defence that driver of offending vehicle was not having valid driving licence to drive transport vehicle and, therefore, Insurance Company is not liable to pay the amount of compensation. Learned MACT recorded its finding that driver of the offending vehicle was not having valid driving licence, therefore, Insurance Company i.e. the respondent no. 2 is not liable to pay compensation. Accordingly, petition was allowed and the respondent no. 1 (appellant) was directed to pay compensation of Rs. 19,18,570/- along with interest @ 12% per annum from the date of petition i.e. 3-7-2006 till realization of full amount.