NEW INDIA ASSURANCE COMPANY LTD Vs. SUNITA

JUDGEMENT

(1.) This appeal is directed by original respondent No.2 New India Assurance Company Ltd. against judgment and award passed by Motor Accident Claims Tribunal, Latur (hereinafter referred to as 'Tribunal') passed in M.A.C.P. No. 379 of 2005. Respondent Nos. 1 to 3 are the original claimants. Respondent No.4 is original respondent No.1, who is the owner of Tractor bearing registration No. MH-24-D-2177, involved in the accident (hereinafter referred to as 'offending Tractor'). Respondent No.5 is driver of offending Tractor and respondent No.6 is mother of the deceased, who is one of the claimant. The Tribunal awarded total compensation of Rs. 5,96,000/- inclusive of "no fault liability" compensation, with interest thereon @ 7.5% p.a. from the date of the claim petition.

(2.) The facts leading to institution of this appeal are that, on 21.06.2005 at about 7.30 p.m., when the deceased was proceeding from village Halgara towards village Sawari by his motorcycle along with his friend- Satish, who was pillion rider, near the field of Shriniwas Jain, the offending Tractor came from opposite direction and gave dash to the motorcycle, resulting into death of the deceased Balaji. The accident occurred due to rash and negligent driving by the driver of the offending vehicle. Therefore, claim petition for compensation under Section 166 of the M. V. Act, came to be filed before the Tribunal.

(3.) Heard Shri. S. G. Chapalgaonkar, learned counsel for the appellant The New India Assurance Company Ltd. and Shri. N. D. Kendre, learned counsel for the claimant Nos. 1 to 3 and 6.