SHAMBA K. GAONKAR Vs. MAMTA NANDA NAIK

JUDGEMENT

(1.) The challenge in this Appeal is to the judgment and award dated 06.05.2006, passed by the Motor Accident Claims Tribunal at Mapusa (Tribunal, for short) in Claim Petition No. 52/2004. By the impugned award, the Tribunal has allowed the claim petition filed by the respondent nos. 1, 2 and 3, holding the appellant and the respondent nos. 4 and 5 jointly and severally liable to pay compensation in the sum of Rs.6,84,500/- alongwith interest. Respondent no. 5 has been held to be entitled to recover the amount of the award from the appellant (Insured). Undisputedly, the respondent no. 5 has paid the compensation to the respondent nos. 1, 2 and 3 and the same has been recovered from the appellant.

(2.) The brief facts necessary for the disposal of the Appeal may be stated thus:

(3.) On 29.04.2004, when the truck was proceeding from Palem to Surla alongwith the deceased, on reaching at Satiya Kothombi, the driver of the said truck lost control over the said truck, due to which, the truck turned turtle on the kutcha road, some 15 metres away from the tar road. As a result of the said accident, Yogesh Naik sustained injuries, to which, he succumbed on the spot. The deceased was a bachelor and according to the respondent nos. 1, 2 and 3, they were dependent on the income of the deceased, he being the only earning member in the family. According to these respondents, the accident occurred due to rash and negligient driving of the truck by the respondent no. 4. In such circumstances, the petition came to be filed claiming compensation of Rs.7,15,000/-.