NEW INDIA ASSURANCE CO LTD Vs. BHIRU

JUDGEMENT

(1.) This appeal is filed by the Insurer of the Truck bearing registration No.MH-13/R-1987 calling in question the judgment and award dated 08.12.2009 in MVC No.771/2007 on the file of II Additional Senior Civil Judge, Bijapur (for short 'the Tribunal'). The claim petition filed by the parents of the deceased Arun is allowed by the Tribunal granting compensation in a sum of Rs.3,70,000.00 along with interest at the rate of 6% per annum from the date of petition till deposit.

(2.) The material facts are that the deceased Arun was travelling on a motorcycle along with his minor son, Abhijit, on 25.05.2007 from Pandharapur to Tisangi. There was a collusion between the motorcycle driven by the deceased and the Truck bearing registration No.MH-13/R-1987. The deceased Arun sustained head injury and he was shifted to Government hospital Pandharapur. But, he breathed his last in the hospital, and his minor son, Abhijit, died at the spot. The parents of the deceased Arun filed the claim petition in MVC No.771/2007 seeking compensation, and in fact they filed another claim petition in MVC No.772/2007 because of the demise of Abhijit. These claim petitions in MVC Nos.771/2007 and 772/2007 are partly allowed. The claim petition in MVC No.771/2007 is allowed as aforesaid granting compensation in a sum of Rs.3,70,000.00 and the other claim petition is allowed granting a sum of Rs.80,000.00. The claimants have not challenged the judgment and award insofar as the claim petition in MVC No. 772/2007.

(3.) The learned counsel for the appellant - Insurance Company, which is called upon to pay compensation to the claimants in MVC No.771/2007, submits that the appeal is filed impugning the finding by the Tribunal on the question of negligence. The claimants though served have remained absent.