THE ORIENTAL INSURANCE CO. LTD. Vs. PUSHPA WD/O. ANKUSH BUCHE
LAWS(BOM)-2017-9-19
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on September 04,2017

The Oriental Insurance Co. Ltd. Appellant
VERSUS
Pushpa Wd/O. Ankush Buche Respondents

JUDGEMENT

- (1.) This is an appeal preferred against the judgment and order dated 3rd August, 2016, passed in Motor Accident Claim Petition No.182/2007, by the Member, Motor Accident Claims Tribunal, Chandrapur.
(2.) The incident in this case occurred in the morning of 22.4.2007 when deceased Ankush was traveling by the offending vehicle, a Minidor, bearing registration No.MH34M315. He had got into this Minidor along with firewood, which was to be used for burning the pyre of one deceased Kisan Turadkar, who had also died in an accident, the previous day. The need for getting into the offending vehicle arose as an emergency, as the first vehicle, a truck belonging to Western Coalfields Limited, by which he proceeded in the morning to purchase the firewood, went out of order during its movement on the road and the deceased had no option but to stop some goods vehicle and seek permission to ride it with his goods, which being volumnious, were transportable only by a goods vehicle. When the offending vehicle reached Anturla diversion on ChandrapurGhuggus road, due to some mechanical fault, the offending vehicle turned turtle. In this accident, deceased Ankush sustained multiple injuries including head injuries. Though he was taken to hospital for management of his injuries, he succumbed to those injuries on 14 th May 2007 in the Government Medical College and Hospital, Nagpur. The respondent Nos.1 to 5 being dependent upon the income of the deceased, filed a Claim Petition under Section 166 of the Motor Vehicles Act against the respondent No.6, ownercumdriver of the offending vehicle and the appellant, the insurer of the offending vehicle.
(3.) The application was resisted by the appellant and the respondent No.6. On merits of the case, the learned Member of the Tribunal granted application and declared that the respondent Nos.1 to 5 were entitled to receive compensation jointly and severally from the appellant and respondent No.6, of Rs.16,01,000/ together with interest at the rate of 8 % p.a. from the date of application till actual realization by the impugned judgment and order. Not being satisfied with the same, the appellant insurer is before this Court in the present appeal.;


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