NEW INDIA ASSURANCE CO. LTD. Vs. MAHADEO BHIKAJI BHAMODRE

JUDGEMENT

(1.) This is the Appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short "M.V. Act") by the Insurance Company of the offending vehicle against the judgment and order dtd. 17/10/2013 passed by the learned Motor Accident Claims Tribunal, Khamgaon (for short 'Tribunal") in Claim Petition No.6/2007 directing the owner, driver and the insurer of the offending vehicle to pay jointly and severally the sum of Rs.2,50,000.00 with interest at the rate of 9% per annum from the date of petition till its realization.

(2.) Heard the learned Advocate for the Appellant, learned Advocate for the Claimants. Perused the record.

(3.) The Claimants have filed the above referred claim petition contending that on 17/8/2005, deceased Santosh Bhamodre, who was proceeding from the National Highway No.6 near Ghatpuri, Khamgaon, the Truck i.e. offending vehicle, dashed the deceased due to rash and negligent driving. Deceased succumbed to the injuries. The Claimants claimed the compensation from the owner, driver and the insurer of the offending vehicle. All the Respondents in the claim petition, filed their respective written statement. The Claimants led the evidence. The Respondents therein did not led any evidence. On the basis of the evidence on record, the impugned judgment and order came to be passed.