- (1.) The first proceeding is filed against judgment and Award of Claim Petition No.19 of 2012 and the second proceeding is filed against Judgment and Award of Claim Petition No. 1122 of 2011. Both the claim petitions were pending before Claims Tribunal, Dhule. The Tribunal has fastened the liability to pay compensation on the insurance company and so the insurance company has filed the appeals. Both the sides are heard.
(2.) The Challenge Of The Insurance Company Is On The limited point viz. the liability in respect of deceased who were in transport vehicle. It is the case of insurance company that both the deceased persons were present in the transport vehicle as passengers and so risk of such persons was not covered under the policy. Meager amount of compensation is given by the Tribunal by presuming notional income as Rs.3,000/ in both the cases when the accident took place in the year 2011 and so the challenge is not on the point of quantum.
(3.) It Is The Case Of Claimants From Both The Proceedings that the deceased were present in Eicher truck No.MH18 AA7289 along with their goods, vegetables and they were taking their goods to Surat, Gujarat State for selling the vegetables. Chetan Patil Suryawanshi was a son of the claimant Nos.1 and 2 in Claim Petition No.19 of 2012 and Dagadu Badgujar was the husband of Claimant No.1 and father of other claimants from claim petition No.1122 of 2011.;