NATIONAL INSURANCE CO.LTD Vs. GENDABAI

JUDGEMENT

(1.) In this appeal, the appellant - Insurance Company has challenged the legality and correctness of the judgment and award dated 09/07/2007 passed by the Member, Motor Accident Claims Tribunal, Gondia in Claim Petition No.274/2003.

(2.) In the impugned judgment and award, the learned Tribunal has granted compensation of Rs.1,35,000/- to the heirs of the deceased - Tulsiram along with interest @ 7% per annum from the date of application.

(3.) Briefly stated, on 04/02/2002, the deceased - Tulsiram boarded a Truck bearing registration No.MH-31-AP-989 which was insured with the appellant - Insurance Company and was owned by respondent No.6 herein from his village Badegaon. It is stated that in the said Truck, he goats and she goats were being carried on and the deceased was seated in the upper side of the cabin of the Truck to look after the goats. The accident occurred when the deceased - Tulsiram came in contact with a electric live wire crossing over the road as a result of which he fell down and died. The legal representatives of the deceased - Tulsiram claimed compensation of Rs.2,00,000/- on the ground that the deceased at the relevant time was earning Rs.3,000/- per month as he was in the business of selling and purchasing of goats.