Oriental Insurance Company Ltd. v. Harsha @ Minal Mahesh Lone
2013-08-21
A.P.BHANGALE
body2013
DigiLaw.ai
JUDGMENT The appeal is for to challenge Judgment and Award dated 24/11/2008 passed by learned Chairman, Motor Accident Claims Tribunal, Amaravati in MACP No. 223 of 2007, whereby learned Tribunal was pleased to award compensation in the sum of Rs. 10,00,000/- inclusive of no fault liability together with interest at the rate of 7.5% per annum from the date of the claim petition till realization of the amount. 2. It have heard submissions at Bar at the length and considered the facts brought on record that deceased Mahesh was a police constable having monthly salary in the sum of Rs.7473/- but on the date of accident was driving his motor cycle and was dashed by mini truck bearing registration no. MH-02-T-7585. Mahesh died as a result of accidental injuries. His motor cycle bearing registration No. MH-27-Q-1391 was also damaged. 3. Tribunal had seen police papers produced on record and came to conclusion on the basis of evidence that motor cycle was on the extreme left side of the road and was found lying on northern stroke adjoining the tar road as mentioned in spot panchanama and held that as such Mahesh, victim was not at all responsible for the occurrence of the accident and it was thus offending motor vehicle a mini truck which was held responsible. 4. In these circumstance, considering the age of the victim about 35 years as also ages of dependents i.e. His widow and minor children and ages of parents. Learned Chairman of the tribunal after discussion of evidence, arrived at the conclusion that insurer and owner and driver of the offending motor vehicle truck in this case were liable jointly and severally to pay compensation in the sum of Rs.10,00,000/-. 5. I have considered the evidence led as well as facts of the case and police case papers in respect of the accident in question in my opinion Tribunal was well within its power to award total compensation in the sum of Rs.10,00,000/- as also to order payment of interest at the rate 7% per annum from the date of the petition till realization of the compensation amount. 6.
6. The compensation awarded cannot be considered as unreasonable or excessive in the facts and circumstances of the case as tribunal was guided by Second Schedule under section 163-A of the Motor Vehicles Act as also evidence of salary of deceased Mahesh who was police constable that being so, no ground is made out for interference in the award. Hence, the following order is passed. ORDER 1) Appeal is dismissed. 2) The amount deposited in this Court, which is not yet withdrawn, shall be transferred to the Tribunal disbursement according to law as it may deem it fit. 3) Record and Proceedings be sent back to Motor Accident Claims Tribunal, Amravati. Appeal dismissed.