PAVANKUMAR IRRAPPA KOSHTI Vs. MALATI BHIMRAO MANE-PATIL

JUDGEMENT

(1.) On 26th March, 2008, the submissions of the learned Advocates appearing for the parties were heard. On account of paucity of time, the Judgment could not be delivered on that day and, therefore, the Appeal was kept today for the dictation of the Judgment.

(2.) The appellant is the 1st respondent in a claim petition filed by the 1st to 4th respondents. The appellant is the owner of the truck bearing registration No.MTL-436. The claim petition was filed by the 1st to 4th respondents claiming compensation on account of death of Bhimrao Bapu Mane-Patil in a motor accident on 2nd April, 1987. The 1st respondent is the widow of the deceased, the 2nd respondent is the son of the deceased, and the 3rd and 4th respondents are the parents of the deceased. On the fateful day at about 12 in the mid-night, the deceased was travelling by his motor cycle by Sangli-Miraj Road. Near Bharat Petrol Pump, the truck owned by the appellant came from behind and gave a dash to the motor cycle. The deceased suffered serious injuries as a result of the dash given by the truck. He was taken to the Civil Hospital at Sangli where he succumbed to the injuries. On the relevant date, the truck was insured with the 5th respondent-Insurance Company.

(3.) The appellant did appear before the Tribunal but did not file written statement. Therefore, the claim petition proceeded without written statement of the appellant. The claim petition was contested by the 5th respondent raising various contentions including a contention that as the policy of insurance was standing in the name of the father of the appellant, the Insurance Company was not liable. Apart from other contentions raised on the merits of the claim, the 5th respondent contended that the liability of the said respondent was restricted to Rs.1,50,000/- considering the terms and conditions of the policy.