UNITED INDIA INSURANCE CO. LTD. Vs. RAGHUNATH DOMAJI SAHARE AND ORS.
HIGH COURT OF BOMBAY (AT: NAGPUR)
UNITED INDIA INSURANCE CO. LTD.
Raghunath Domaji Sahare And Ors.
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(1.) This is an appeal preferred against the judgment and order dated 4th April, 2005 rendered by the Member, Motor Accident Claims Tribunal, Nagpur in Claim Petition No.792/1998.
(2.) The claim petition was filed under Section 166 of the Motor Vehicles Act, 1988 claiming compensation for the untimely death of deceased Janabai, who was the wife of the claimant i.e. the respondent No.1 in an accident which occurred while deceased Janabai was travelling in a truck bearing registration No.MH-31-M-8185 on a road between village Bina and village Khaperkheda. The accident occurred on 2.5.1998 and according to the claimant, it was due to rash and negligent driving of the truck. The claimant also contended that his deceased wife was travelling in the said truck along with bagful of vegetables, as owner thereof and, therefore, the appellant-insurer of the truck was also liable to pay the compensation. The Tribunal, however, on merits of the case found that the deceased Janabai was an unauthorized passenger and that there was no evidence showing that she travelled by the said truck alongwith goods as owner thereof and, therefore, exonerated the appellant of its liability under the insurance policy by the award J-fa518.05.odt 3/9 impugned in the instant petition. However, the Tribunal directed that the appellant shall satisfy the award and may recover the amount of award from the owner of the truck i.e. respondent No.2. The total compensation awarded was of Rs.2,20,000/- together with interest at the rate of 9% p.a. from the date of petition till realization. It is the direction of pay and recover which is challenged in the present appeal.
(3.) I have heard Shri D.N. Kukday, learned counsel for the petitioner. None for the respondent though duly served and noticed on final disposal. I have gone through the record of the case including the impugned judgment and order. The only point which arises for my determination is as under : Whether the direction of pay and recover issued by the Tribunal to the appellant is justified by the facts and circumstances available on record ?;
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