NEW INDIA ASSURANCE CO LTD THROUGH ITS AUTHORIZED OFFICIAL AND DIVISIONAL MANAGER Vs. PRATIKSHA HEMCHANDRA KULKARNI

JUDGEMENT

(1.) This appeal is directed by New India Assurance Company Limited, who was respondent No.2 in Motor Accident Claim Petition (M.A.C.P.) No.73/2014, against the judgment and award passed by the Motor Accident Claims Tribunal (hereinafter referred to as the "Tribunal"), Bhoom.

(2.) Respondent Nos.1 to 4 are original claimants and respondent No.5 is original respondent No.1 (owner of offending vehicle). Hereinafter the parties are referred to in accordance with their status in the original claim proceeding as "claimants", "owner of offending vehicle" and "insurer of offending vehicle".

(3.) The facts leading to institution of this appeal are that on 05.07.2011 when deceased Hemchandra was proceeding by Keij to Beed road by his motorcycle bearing registration No. MH23-C-3597, the offending vehicle i.e. car bearing registration No.MH-23-E-9421 came from opposite direction and due to rash and negligent driving by the driver of car, gave dash to the motorcycle of deceased resulting into his death. Therefore, the claim petition was filed by the claimants before the Tribunal for compensation.