UNITED INDIA INSURANCE CO LTD Vs. KAMAL MARUTI DAREKAR

JUDGEMENT

(1.) THIS appeal arises out of award rendered by motor Accident Claims Tribunal, Ahmednagar, in m. A. C. P. No. 1025 of 1994.

(2.) THERE is no dispute about the fact that on 04. 12. 1993 a motor-cyclist by name Maruti Keshav darekar was knocked down due to dash of jeep vehicle no. MH-20-9485, which came from opposite direction. The accident occurred on Supa-Pune Road. It was fatal accident. Maruti was admitted in Civil Hospital for treatment of accidental injuries. He died as a result of such injuries on the same day. He was a Supervisor working in P. W. D. at Pune. At the relevant time, he was returning from Shirdi on Bajaj Motor Cycle No. MH-12-H-4056 (Bajaj Kawasaki ). There is no dispute about the fact that original claimants, who are his wife, minor sons and mother have lost dependency due to his death. The Tribunal determined compensation at rs. 2,12,000/ -. There is also no dispute about fairness of the compensation. The offending jeep vehicle was insured with the appellant and was owned by respondent No. 5 Vithal. Respondent Nos. 1 to 4 were claimants before the Tribunal.

(3.) THE owner of offending jeep vehicle i. e. respondent No. 5 did not file his written statement. He remained ex-parte in the proceedings held before the Tribunal.