Appellant established legal status as the wife of the deceased, warranting entitlement to compensation and correct apportionment under the Motor Vehicles Act.

JUDGMENT :

K.S. HEMALEKHA, J.

Being aggrieved by the judgment and award dated 11.05.2020 in M.V.C.No.1243/2014 on the file of the Motor Accident Claims Tribunal No.XIII and IV Additional District Judge, Vijayapur, (hereinafter referred to as ‘Tribunal’ for short), the claimant has preferred appeal in M.F.A.No.200924/2021 seeking enhancement of compensation, while the Insurance Company has preferred appeal in M.F.A.No.200992/2020 seeking reduction of compensation awarded.

Brief facts of the case:

2. In a road traffic accident that occurred on 26.02.2014, one Dagadu Mane, who was riding the motorcycle bearing registration No.MH-13/BH-5771 along with his relative-Keshav, sustained fatal injuries when a Truck bearing registration No.MP-14/HB-0230, came from opposite side and collided with the motorcycle. As a result, Dagadu Mane succumbed to the injuries. The appellant HC-KAR claiming to be the wife of deceased filed claim petition before the Tribunal seeking compensation of Rs.55,50,000/-.

3. Initially, the claim petition was filed against respondent Nos.1 and 2. During the course of the proceedings, the claimant impleaded respondent Nos.3 to 5, who are father, mother and sister of deceased-Dagadu Mane.

4. The Insurance Company–Respondent No.2 specifically denied its liability and opposed the quantum of compensation sought by the claimant.

5. Respondent Nos.3 to 5 denied that the claimant is the wife of deceased–Dagadu Mane. They admitted their relationship with deceased–Dagadu Mane. The respondent No.3 before the Tribunal contended that respondent No.4 is the stepmother of deceased, as the deceased was born through the first wife of respondent No.3 and respondent No.4 is his second wife and not entitled for compensation.

6. The Tribunal after considering the oral and documentary evidence on record, concluded that deceased-Dagadu Mane, the son of Ankush Mane, died in a road traffic accident that occurred on 26.02.2014, due to rash and negligent driving of the driver of the Truck bearing registration No.MP-14/HB-0230. Accordingly, the Tribunal fastened the liability on the Insurance Company to pay the compensation in a sum of Rs.16,23,000/- with interest @ 6% per annum. However, the Tribunal held that the appellant/claimant and respondent No.4 must establish their legal status as the wife and mother/stepmother of the deceased before a Competent Civil Court. The Tribunal further observed that only upon such declaration, could apportionment of the awarded compensation be sought by the parties. Therefore, the Tribunal did not pass any order regarding the apportionment of the compensation.

7. Learned counsel appearing for the appellant, while reiterating the contentions raised in the appeal HC-KAR memo, mainly would contend that the appellant/claimant has proved that she is the legally wedded wife of the deceased-Dagadu Mane. In support of this, the appellant has filed I.A.No.1/2025 under Order 41 Rule 27 of CPC seeking to produce the certified copy of the order dated 22.06.2022 passed in Civil Misc. Application No.84/2021 on the file of the Court of Civil Judge (J.D.) Madha taluk, Dist. Solapur. By the said order, the appellant has been declared as the legally wedded wife of deceased-Dagadu Mane. In light of the said declaration, it is submitted that the appellant/claimant is entitled to claim her lawful share in the apportionment of compensation as per law.

8. Per contra, learned counsel appearing for the Insurance Company - respondent No.2 submits that the appellant/claimant failed to establish before