WESTERN COALFIELDS LIMITED Vs. NEETA

JUDGEMENT

(1.) This is an appeal against the judgment of Motor Accident Claims Tribunal (MACT), Nagpur in Claim Petition No. 1402/2004 dated 15-12-2011.

(2.) On 13-8-2004, deceased Sandeep Gupta who was an employee of Western Coalfields Limited (WCL) was going in Jeep No. MH-31-H-1297 from Nagpur towards Chandrapur. One offending truck bearing No. MH-34-A-4747 came in high speed from opposite direction. Driver of said truck could not control it and gave dash to the jeep of deceased. Deceased Sandeep sustained severe injuries. He was admitted in the hospital. During treatment, he died on 1-9-2004. Police Station, Bhadrawati registered crime for the offences punishable under Sections 279, 337 and 304-A of the Indian Penal Code against the truck driver. Legal representatives/claimants filed claim petition before the MACT, Nagpur against owner, driver and insurance companies.

(3.) After recording the evidence, the Tribunal come to the conclusion that driver of jeep and truck both were equally negligent for the accident and, therefore, both the owners, insurance companies of jeep and truck were held responsible for the payment of compensation. The respondent no. 1 (appellant herein) who was the owner of jeep was directed to pay compensation of Rs. 12,31,970/- after deducting the amount of Rs. 3,84,280/- paid by the respondent no. 1. The respondent nos. 2 and 3 i.e. owner and insurance company of the truck was directed to pay compensation of Rs. 16,16,250/-.