ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD. Vs. MOHAN S/O BABURAO NIMBALKAR

JUDGEMENT

(1.) Original Respondent No. 2, an insurance company hereby challenges grant of compensation to Respondent by learned MACT, Aurangabad in MACP No.674/2009 on account of disability rendered due to road traffic accident.

(2.) Present Respondent Mohan Baburao Nimbalkar set up above claim petition by invoking sec. 166 of Motor Vehicles Act, 1988 against owner/driver of the car and its insurer i.e. present Appellant contending that on 17/6/2009, while claimant with his family proceeding on motorcycle, in the vicinity of Bandishegaon, car bearing registration no. MH-12-EF-3887 owned and driven by Respondent No. 3 came in opposite direction and gave dash to the motorcycle causing grievous injuries to the leg and other parts of the body. That, in spite of operation, his leg below knee was required to be amputed. Because of the permanent disability, he lost his agriculture income and thereby, set up a claim of award of compensation of Rs.25,00,000.00.

(3.) The above claim petition was contested by present Appellant. Owner /driver did not contest. Insurance company denied involvement of the vehicle, injury, disability, income etc. After appreciating the oral and documentary evidence adduced by claimant, learned Tribunal recorded a finding that claimant proved that, there was rash and negligent driving on the part of offending vehicle insured by Appellant and that, claimant suffered permanent disability but to the extent of 70% and considering the same as a base, awarded total compensation to the tune of Rs.15,41,700.00. There were directions to Opponent Nos. 1 to 3 to jointly and severally pay the compensation at 9% p.a. It is the above judgment and award, which is subject matter of instant Appeal.