NATIONAL INSURANCE COMPANY LTD Vs. RUPALI KAILAS MAMODE

JUDGEMENT

(1.) Present appeal is filed by the appellant Insurance Company against the Judgment and award passed by the Motor Accident Claims Tribunal at Aurangabad in Motor Accident Claim Petition No.120 of 2007 decided on 12.10.2009.

(2.) Present respondent Nos.1 to 5 (hereinafter referred to as 'the claimants') had preferred the aforesaid claim petition claiming compensation on account of death of Kailas Mamode alleging the same to have been caused in a vehicular accident happened on 31.07.2006 having involvement of a Bus bearing registration No.MH-20 W-9166 owned by present respondent No.6 and insured with the appellant Insurance Company. It was the contention of the claimants that on 31.07.2006, when deceased Kailas was proceeding on his Motorcycle, was dashed by the offending Bus near Mondha Naka Chowk on Jalna Road, Aurangabad and in the accident so happened, was severely injured. It was the further contention of the claimants that though deceased Kailas was immediately removed to Government Hospital and Training Institute (GHATI) and thereafter, was also taken to Apex Hospital, he could not survive and succumbed to the injuries caused to him in the alleged accident on 08.08.2006 while under treatment in Apex Hospital.

(3.) According to the claimants, the alleged accident happened because of absolute negligence on part of the driver of the Bus. The claimants had therefore claimed compensation of Rs.32,00,000/- from the owner and insurer of the said Bus. It was the contention of the claimants that at the time of accident, deceased Kailas was aged about 32 years and was earning Rs.15,000 to Rs.16,000/- per month from his business of Architect and Contractor. In order to prove the income of deceased Kailas, the claimants had mainly relied upon the income tax returns submitted by deceased Kailas of the period preceding three years of his death. The learned Tribunal, after having assessed the oral and documentary evidence brought before it, held the claimants entitled for compensation of Rs.31,15,335/-. Aggrieved thereby, the appellant Insurance Company has preferred the present appeal.