NATIONAL INSURANCE COMPANY LTD , WAMAN SMRUTHI, NEAR LAKSHMI NARAYAN TEMPLE,, MAPUSA, GOA Vs. VIJAY VITHOBA ADEL, SON OF VITHOBHA ALIAS VITHOBA ADEL

JUDGEMENT

(1.) Both these appeals along with cross objections involve claims for compensation arising out of the same accident, as such they are being decided by this common judgment.

(2.) On 3/12/2006, Vithobha Adel and his wife Vaishali alias Surekha Adel, along with their family members were returning by a Bolero Jeep no.Ga-01- R-5673 from Dharmashthal- Mangalore to Goa. The jeep was driven by one Sameer alias Sanjay Naik. When the jeep reached at Belase- Ankola it dashed the border stones of the road and then rammed into a tree causing severe injuries to Vithoba as well as his wife Vaishali. While Vithoba succumbed to the injuries on 16/2/2007 while undergoing treatment, Vaishali died on 5/12/2006.

(3.) The original claimants being three sons, a daughter-in-law as well as a daughter and a son in-law of the deceased filed two separate claim petitions before the Motor Accident Claims Tribunal at Margao. Claim petition no.12/2009 was filed seeking a compensation of Rs. 4,65,000/- (inclusive of no fault liability) in respect of the death of Vaishali, while Claim petition no.10/2009 was filed seeking a compensation of Rs. 9,65,000/- (inclusive of no fault liability) in respect of the death of Vithoba. It appears that the offending jeep was previously owned by Vishnu Prasad the respondent no.3 before the Tribunal and it was purchased by Mr. Chandrakant U. Naik (since deceased), who was the respondent no.2 before the Tribunal. The respondent no.4, insurance company had issued a insurance policy covering the risk arising out of the use of the said jeep, which was effective from 10/2/2006 to 9/2/2007. Indisputably, the policy was endorsed in the name of Chandrakant Naik by way of a transfer w.e.f 11/12/2006 to 9/2/2007. There is no dispute on these aspects.