New India Assurance Co. Ltd., Akola Presently Thr. Chief Regional Manager, Nagpur v. Smt. Chhaya Sunil Sonone And Others

0612cao2277.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO.2277/2019 IN CIVIL APPLICATION (CAF) NO.2637/2019 IN FIRST APPEAL ST. NO.14077/2019 The New India Assurance Company Ltd., Akola Tq. And Distt. Akola presently through Chief Regional Manager, Nagpur ...Versus...

Smt. Chhaya Sunil Sonone and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.W. Paunikar, Counsel for applicant Ms Divya Joshi, Counsel h/f Shri S.V. Sirpurkar, Counsel for respondent nos.1 to 3/applicants CORAM : VINAY JOSHI, J.

DATE : 06/12/2019 Heard.

The applicants/original claimants are seeking withdrawal of compensation amount as has been granted by the Tribunal. It was a death claim filed by widow, minor son and father of deceased. The accident is outcome of collision between S.T. bus and truck. The Tribunal on assessment of facts held that due to sole negligence of truck driver accident occurred. The Tribunal has assessed the total compensation to the tune of Rs.31,77,840/-.

0612cao2277.19.odt The appellant has submitted that it is a case of composite negligence. However, the Tribunal erred in fastening the entire liability on the truck driver, owner and insurer. Moreover, it is submitted that the driver of the truck was holding two licences in contravention to Section 6 of the Motor Vehicles Act and therefore, the insurer is not liable. Considering the submissions, I have gone through the impugned judgment. The Tribunal has recorded a finding of fact about sole negligence of truck driver. One of the licences appears to be held valid and effective by the Tribunal. The claimant no.2 appears to be still minor. In view of that, I deem it appropriate to permit partial withdrawal. Applicant/claimant nos.1 and 3 are entitled to receive 75% amount (excluding deposit of Rs.5,00,000/- as ordered by the Tribunal) of their respective share along with accrued interest upon furnishing usual undertaking. The civil application stands disposed of accordingly. No order as to costs.

JUDGE Wadkar, P.S.