NATIONAL INSURANCE CO. LTD. Vs. PALLAVI ANAND HEGDE

JUDGEMENT

(1.) By order dated 28th September, 2016 this Court had put the parties to notice that the appeal would be heard finally at the stage of admission. Accordingly, with consent of the parties, appeal is heard finally.

(2.) This appeal is directed against the judgment and award dated 27/10/2014 in M.A.C.P. No.793/2012 made by the learned Member, Motor Accident Claim Tribunal, Pune.

(3.) The respondent nos.1 to 5 , who are the original claimants, had filed a claim petition under Section 166 of Motor Vehicles Act, 1988 for compensation of Rs.1,50,00,000/- on account of death of Anand Hegde in a motor vehicular accident. The respondent no.1 is the widow, the respondent nos.2 and 5 are the minor children and respondent nos.3 and 4 are the parents of the deceased Anand Hegde. The deceased Anand Hegde was 33 years of age. He was employed as a Senior Design Engineer at Geometric Limited, Hinjewadi. On 11/08/2012A while he was proceeding to his office, a Mini Truck bearing No.MH-14 AZ 1370 dashed against his Honda Activa Scootor No.MH-11AA3433. Anand Hegde expired as a result of the injuries sustained in the said motor vehicular accident. The offending truck was driven by Kishor Gavai, owned by the respondent no.6 and insured by the appellant - Insurance Company. The claimants alleged that said Anand Hegde had expired as a result rash and negligent driving by the driver of the mini truck. These respondents therefore claimed total compensation of Rs.1,50,00,000/- from the respondent no.6 and the appellant - Insurance Company.