BAJAJ ALLIANZ GENERAL INSURANCE CO LTD Vs. KAMALBAI

JUDGEMENT

(1.) The submissions of learned Counsel appearing for the parties were heard on last two dates. The appeal was taken up for final hearing. The papers of First Appeal No. 3281 of 2007 were also kept along with this appeal. However, submissions were heard on merits of only the present appeal being First Appeal No. 10 of 2007.

(2.) The challenge by the appellant in this appeal is to the judgment and award dated 30th August, 2006 passed by the learned Principal District Judge at Aurangabad in Claim Petition filed by the claimant Nos. 1 to 6 (respondents herein) under Section 163-A of the Motor Vehicles Act, 1988 (hereinafter referred as to 'the said Act').

(3.) Claim was filed claiming compensation on account of death of one Ashok Bhimrao Aswar. On 18th January, 2003 the said Ashok was riding a motor-cycle and he was proceeding from Aurangabad to Vaijapur. The accident occurred at about 8.30 p.m. There was a big tree uprooted by the wind, which was lying on the road. The deceased Ashok could not see the said tree lying on the road. As a result, his motor cycle dashed against the tree. Due to serious injuries sustained by the said Ashok, he died on the spot. The respondent No. 7 herein is the owner of the motor-cycle and the appellant is insurer of the motor-cycle.