USHA KAILASH KURHADE Vs. MANAGER, THE NEW INDIA ASSURANCE CO LTD.

JUDGEMENT

(1.) Dissatisfied by quantum awarded by learned Member, Motor Accident Claims Tribunal (MACT), Sangamner, District Ahmednagar in MACP No.6 of 2009, original claimants have come in appeal.

(2.) By invoking provisions of Sec. 166 of the Motor Vehicles Act, appellants sought compensation to the tune of Rs.12,00,000.00 on account of death of deceased Kailash, who met road traffic accident on 24/12/2008 while proceeding on his Motorcycle MH-14 Z-4573 over Nashik - Pune Highway and he being given dash by a Tempo bearing No.DD-03 AF-9539, which was allegedly driven in rash and negligent manner. The above claim was sought from owner of the Tempo, its driver and its insurer. Only contesting respondent was Insurance Company. After appreciating the oral and documentary evidence, learned Tribunal was pleased to partly allowed the petition directing maintenance to be paid by respondent nos.1 to 3 jointly and severally to the tune of Rs.6,24,800.00 alongwith interest.

(3.) Learned counsel for appellants would point out that, appeal is preferred only on account of non- consideration of consortium, loss of estate and granting less amount towards funeral expenses. He submits that, in view of decision of the Hon'ble Apex Court in the case of Magma General Insurance Co.Ltd. v. Nanu Ram alias Chuhru Ram and Others, (2018) 18 SCC 130, consortium needs to be paid to each of the dependents. It is further submitted that learned Tribunal has not granted any compensation under the head loss of estate and that, only meager amount of Rs.5,000.00 was awarded towards funeral expenses. For above reasons, he urges to modify the Judgment and order of the Tribunal and enhance the compensation to the above extent.