PRAMILABAI UTTARWAR Vs. SHANTABAI SHANKAR KHEDKAR

JUDGEMENT

(1.) All these appeals filed under Section 173 of the Motor Vehicles Act, 1988 (for short, 'the said Act') can be decided together as the claims arise out of the same accident.

(2.) According to the claimants, a Matador bearing no. MH-34/A-6431 was owned by the appellant herein. One Shankar Narayan Khedekar was travelling in the said Matador on 01.05.2001 as a passenger. On account of rash and negligent driving of the said Matador, the same turned turtle resulting in various injuries to Shankar Khedekar. He succumbed to his injuries. His legal heirs filed Claim Petition No. 13/2001. The Claims Tribunal recorded a finding that the said vehicle was being driven rashly and negligently by its driver. Similarly about 12 passengers were being carried without there being any permit in that regard. The Claims Tribunal awarded compensation of Rs.1,50,000/- and while exonerating the Insurance Company on account of breach of policy, saddled liability on the owner of the vehicle only. First Appeal No. 513/2008 arises from Claim Petition No. 13/2001.

(3.) It is submitted by learned counsel for the appellants that the Claims Tribunal erred in exonerating the Insurance Company especially when the accident occurred as one of the tyres of the Matador had burst. The vehicle in question was insured and there was no reason to exonerate the Insurance Company. It was further submitted that compensation of Rs.1,50,000/- in Claim Petition No.13/2001 had been awarded without there being any evidence as to the income of the deceased. Reference was made to the evidence on record to indicate that aspect. It was thus submitted that the compensation as awarded deserves to be reduced and the Insurance Company ought to be held liable to satisfy the claims.