KAMAL Vs. ARCHANA RAJU

JUDGEMENT

(1.) This appeal is directed by original respondent No. 1 in Motor Accident Claims Petition ("MACP", for short) No. 559 of 2007 against the judgment and award passed by the Motor Accident Claims Tribunal ("Tribunal", for short), Ahmednagar, whereby compensation of Rs. 4,44,000/- was awarded to claimant Nos. 1 to 3 and joint and several liability to pay the compensation was saddled on the then opponent Nos. 1 and 2 and direction was given to opponent No. 2-United India Insurance Company to first pay the compensation to the claimants and later on recover it from opponent No. 1, who is owner of the offending tanker. Respondent Nos. 1 to 3 are original claimants and respondent No. 4 is the original opponent No. 2 Insurance Company. Hereinafter the parties are referred in accordance with their status in the proceedings before the Tribunal as claimants, owner of the offending vehicle and insurer of the offending vehicle.

(2.) Facts leading to institution of this appeal, in brief, are that on 12th January, 2007, deceased Raju @ Rajaram Dnyandeo Bhujbal was riding his motorcycle from Kedgaon towards Ahmednagar and that time, tanker bearing registration No. MH-18-C/7200 came from opposite direction and gave dash to the motorcycle of the deceased, resulting into his death. The accident occurred due to rash and negligent driving by the driver of the offending vehicle. Therefore, claimants filed claim petition before the Tribunal for compensation. Direction was given to the insurer of offending vehicle to pay the compensation to the claimants and later on recover it from the owner of the offending vehicle, because owner of the offending vehicle committed breach of terms and conditions of policy of the insurance. In this appeal, the owner of the offending vehicle has only challenged the abovesaid direction.

(3.) Heard Shri S.T. Shelke, learned counsel for the owner of the offending vehicle and Shri S.V. Kulkarni, learned counsel for the insurer of the offending vehicle.