UNITED INDIA INSURANCE COMPANY Vs. VAISHALI DIPAK WARADE

JUDGEMENT

(1.) Present appeal has been filed by the insurance company challenging the Judgment and Award in Motor Accident Claim Petition No.139 of 2014 by Member, Motor Accident Claims Tribunal, Shrirampur, Dist. Ahmednagar dated 03.05.2016 to the extent of quantum.

(2.) Present respondent No.1 is the original claimant who had filed the said petition for getting compensation under Section 166 of Motor Vehicles Act, 1988. Claimant had contended that she was 42 years old agriculturist and businesswoman running seed business and earning around Rs.15,000/- to Rs.20,000/- per month. She was a pillion rider of her husband's motorcycle on 05.07.2014 when the accident took place. Truck bearing No.MH 19/J-0262 had given dash to her husband's motorcycle, after coming from opposite direction, in rash and negligent manner. After she had fallen down the front tyre of the truck ran over her both legs and both of her legs came to be amputed from thigh as well as knee respectively. She had spent huge amount on her hospitalization. Respondent No.1 is the owner of the offending vehicle and the said vehicle was insured with respondent No.2 at the relevant time. Claimant had claimed compensation worth Rs.1,00,00,000/-.

(3.) Respondent No.1 though appeared did not file written statement. Respondent No.2-insurance company denied all the averments in the petition and also took statutory defence contending that there is breach of terms of policy.