RELIANCE GENERAL INSURANCE CO. LTD. Vs. DULALI SAHA

JUDGEMENT

(1.) This is an appeal directed against the judgment and award dtd. 22/8/2015, by the Reliance General Insurance Co. Ltd., being the insurer of Vehicle No. MH-04P- 5806, which is involved in the accident.

(2.) Before dealing with the grounds agitated in this appeal, it is necessary to elucidate the brief facts of the case. The claimant-parents have filed a claim application under Sec. 166 of the Motor Vehicles Act, 1988 ( in short, the Act) due to the death of their son Ritabrata @ Ritabhrata Saha (hereinafter referred to as Ritabrata) in a road traffic accident. There is no dispute in regard to the involvement of the vehicle No. MH-04P-5806 which was driving at a very high speed, rashly and negligently and dashed the motor bike bearing registration No. MH-12-FQ-9747 which was ridden by a friend Sachin Shivpuran Thapa maintaining a very slow speed. Ritabrata was sitting behind the rider of the motor bike and when the truck bearing No. MH-04P-5806 dashed the bike, Ritabrata fell down from the bike and died on the spot. A police case was registered in Pan Police Station under Ss. 304(A)/279/338 of IPC against the driver of the said truck. At the time of death Ritabrata was aged about 22 years and was a brilliant student of B.E. 3rd year in the Bharati Vidyapeeth (Engineering College) at Katraj, Pune. It was claimed that Ritabrata if survived, he would have earned at least Rs.60,000.00 per month and as such the parents claimed a compensation for Rs.1,42,60,000.00.

(3.) The owner of the vehicle as well as the Insurance Company had contested the suit by filing their respective written statements and also laid evidence during the course of the proceedings.