NEW INDIA ASSURANCE CO. LTD. Vs. SHILPA SANDEEP SHINDE AND ORS.
LAWS(BOM)-2017-10-201
HIGH COURT OF BOMBAY
Decided on October 21,2017

NEW INDIA ASSURANCE CO. LTD. Appellant
VERSUS
Shilpa Sandeep Shinde And Ors. Respondents

JUDGEMENT

P.R.BORA,J. - (1.) The appellant-Insurance Company has filed the present appeal against the Judgment and award passed by the Motor Accident Claim Tribunal, Newasa (hereinafter referred to as the 'Tribunal') in Motor Accident Claim Petition No. 246/2014 (Old Motor Accident Claim Petition No. 302/2011) decided on 29.06.2015.
(2.) The present respondent Nos. 1 to 4 had filed the aforesaid claim petition claiming compensation on account of the death of Sandip Pandharinath Shinde in a vehicular accident happened on 19.08.2011 having involvement of a jeep bearing registration No. MH17AE104 (hereinafter referred to as the 'offending jeep') owned by the present respondent No. 5 and insured with the appellant Insurance Company.
(3.) It was the case of respondent Nos. 1 to 4, who are hereinafter referred to as the claimants, that deceased Sandip Pandharinath Shinde was serving as a driver on the offending jeep. Respondent No. 6 was the second driver on the said jeep. On 19.08.2011 while said jeep was proceeding towards Narayangaon from Pune, respondent No. 6 was driving the same. Deceased Sandeep was sitting besides respondent No. 6 in the offending jeep. It was the contention of the claimants that, respondent No. 6 was driving the said jeep in a rash and negligent manner. Respondent No. 6 lost control over the said jeep and it capsized at a short distance from Ale Phata. In the accident so happened, deceased Sandeep sustained severe injuries and succumbed to the said injuries soon after the accident. As contended in the petition, age of deceased Sandeep was 25 years at the time of his death and he was earning Rs. 5,000/per month from the job of driver and also used to get daily Bhatta at the rate of Rs. 100/per day. It was the contention of the claimants that, they were fully depending upon the income of deceased Sandeep. The claimants had, therefore, claimed compensation of Rs. 7,00,000/from the driver, owner and insurer of the offending jeep.;


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