UNITED INDIA INSURANCE COMPANY LTD Vs. SUKUMARBAI

JUDGEMENT

(1.) Present appeal has been filed by original respondent No.2- insurance company challenging the Judgment and Award passed by learned Member, Motor Accident Claims Tribunal, Latur in M.A.C.P. No.197/2012 dated 28.08.2017, whereby the learned Member allowed the petition for compensation against the present appellant and had also passed the order of pay and recover against the respondent No.2.

(2.) Present respondent Nos.1 to 3 are the original claimants who are the wife and sons of deceased Suryakant Pandurang Nikam aged 50. Suryakant was travelling with his friends in Tata Sumo jeep bearing No.MH 23/E-3762 on 15.04.2015 after attending marriage ceremony at village Padoli. They were returning to Pokhri via Tandulja-Ambajogai road. When they reached near Amba Sakhar Karkhana petrol pump at about 4.00 p.m., at that time the respondent No.2, who was driving the said vehicle rashly and negligently, lost control and the vehicle got skid. It hit to the railing of a bridge and turn turtle. The passengers travelling from the said vehicle including deceased received serious injuries. They were taken to Ashwini Accident Hospital, Latur. Suryakant was hospitalized for a period of 17 days, then shifted to Yashwantrao Chavan Medical College and Hospital, Latur, then again to Civil Hospital, Latur, but ultimately he succumbed to the injuries. Therefore, the claimants were claiming compensation of Rs.7,50,000/-.

(3.) The respondent No.1 is the driver-cum-owner of the offending vehicle. He, by filing written statement, denied the allegation that he was rash or negligent. According to him, some molasses was spread over the road, because of it his vehicle got skid and he went out of control. It is stated that he was not responsible for the accident and therefore, not liable to pay compensation.