UNITED INDIA INSURANCE CO LTD Vs. SUNANDA RAMESH DHUMONE

JUDGEMENT

(1.) Heard Mr. D. N. Kukday, Advocate for the appellant and Mr. A. R. Wagh, Advocate for respondent Nos. 1 to 5. Admit. By consent heard forthwith.

(2.) By this appeal, the appellant assails the judgment and order dated 10-8-2005 passed by Motor Accident Claims Tribunal, Wardha in Motor Accident claims Petition No. 114/2004 partly allowing the application filed by the respondents under section 163-A of Motor Vehicles Act, 1988 (hereinafter referred to as the Act' The Tribunal awarded compensation of Rs. 3,29,5007-inclusive of no fault liability with interest thereon @ 9% per annum from the date of the petition.

(3.) In nutshell, the facts which are relevant for disposal of this appeal are as follows :-First Appeal No. 138 of 2006 decided on 6-12-2006. (Nagpur) The respondents are the legal representatives of Ramesh Dhumone who died in the vehicular accident which occurred on 1-12-2003. On that day at about 19. 15 hours the deceased was returning on his motorcycle with his brother ganesh. The deceased could not see the road properly on account of dazzling of headlight of oncoming vehicles. Therefore, the motorcycle driven by the deceased slipped and deceased sustained serious injuries. He was taken to general Hospital, Wardha and from there he was shifted to Kasturba Hospital, sewagram where he succumbed to injuries on 5-12-2003.