NEW INDIA ASSURANCE COMPANY LTD. Vs. BHAIYALAL

JUDGEMENT

(1.) This appeal arises out of judgment and award passed on 07/4/2003 in Claim Petition No.369 of 2002 by the Motor Accident Claims Tribunal, Nagpur. The appellant is insurer of the offending truck involved in the accident. Respondents No. 1 and 2 are the parents of deceased Dilip, who died in the vehicular accident, and respondent No.3 is driver of the offending truck.

(2.) Respondents No. 1 and 2 lost their son, Dilip, in a road accident which occurred on 22/5/2002. On 22/5/2002 deceased Dilip was driving motorcycle bearing registration No. MH31/AZ649 and was proceeding towards his village Kothurna. When his motorcycle came near KhapaParshivani road, one truck bearing registration No. GJ6/V4681 being driven rashly and negligently, gave a violent dash to the motorcycle of deceased Dilip. Deceased Dilip sustained grievous injuries and died on the spot. He was 27 years of age at that time and was earning about Rs. 7,000/ per month from milk business. Respondents No. 1 and 2 were dependent upon his income. The appellant and respondent No.3 being insurer and owner respectively of the offending truck, were sought to be held liable to pay compensation by a petition filed under Sec. 166 of the Motor Vehicles Act by respondents No. 1 and 2.

(3.) The petition was resisted by both the insurer and owner respectively of the truck by filing their separate written statements, but their defence was almost similar. They denied that the accident occurred due to rash and negligent driving of the offending truck by its driver. They submitted that the insurer of the motorcycle involved in the accident was a necessary party. They denied the income of the deceased.