R.M. Savant, J.

Admit. Considering the challenge raised heard forthwith.

2. The above First Appeal challenges the judgment and order dated 18.04.2015 passed by the Additional Member, Motor Accident Claims Tribunal, Pune (For short “MACT”), by which order, M.A.C.P. No. 217 of 2006 came to be allowed and the Respondent Nos. 1 to 3 herein were awarded total compensation in the sum of Rs.11,38,000/-.

3. The facts giving rise to the filing of the above First Appeal can in brief be stated thus :

The Respondent Nos. 1 to 3 herein are the original Applicants in the said M.A.C.P. No. 217 of 2006. They are the wife and children of the deceased one Sanjay Gujar who died in the accident which took place on 28.12.2004. The said Sanjay Gujar was riding a Hero Honda motorcycle bearing No. MH12M4974 on 28.12.2004 at about 12.40 p.m. when he reached the Mumbai Pune road opposite to Nigdi Jakat Naka within the limits of Dehuroad Police Station, Taluka Haveli, District Pune, one Minidor Auto Rikshaw bearing No. MH12UA3159 owned by the Respondent No.6 herein gave a dash to Sanjay Gujar. The Minidor Auto Rikshaw was being driven by Jagdish Swami i.e. Respondent No.7 herein and was insured with the United India Insurance Company Limited i.e. the Appellant herein. On account of the dash given to his motorcycle, the said Sanjay Gujar suffered head injury and multiple organ rupture as also multiple fractures and was taken to the Lokmanya Hospital, Nigdi for treatment. However, the said Sanjay Gujar died on 04.01.2005. In view of the accident, an FIR came to be registered for rash and negligent driving against the Respondent No.7 herein who was the opponent No.2 under Sections 279, 337, 427 and 304A of the IPC. The Applicants thereafter filed the instant claim petition. It was their case in the claim petition that the deceased Sanjay Gujar was 35 years of age when he died. That he was educated and was doing the business of distributon and sale of newspapers from last 10 to 12 years and was earning Rs.12,000/- from the distribution of the newspapers like Indian Express, Loksatta, Financial Express, Lokprabha and Sakal, as also he was working with Parekh Xerox Copiers, Chinchwad, Pune and was earning Rs.3500/- from them and therefore his total income was Rs.15,500/-. It was their case that the Applicants were totally dependent on the deceased and therefore their dependency comes to Rs.18,00,000/-. They claimed Rs.25000/- towards consortium etc., Rs.5000/- as funeral expenses and though their entitlement comes to Rs.19,27,003/- they have restricted their claim to Rs.10,00,000/-. The owner of the vehicle i.e. Respondent No.6 herein Shaikh Mohammad Hanif Siddiki appeared and filed his say at Exh.19 and claimed that he sold the vehicle to one Gopal Sural. The Applicants therefore added the said Gopal Gural as Opponent No.4. However, the driver i.e. the Opponent No.2 and the Opponent No.4 have not filed their say or written statement and therefore the matter proceeded ex parte against them.

4. In so far as the Insurance Company is concerned, in its written statement, it is contended that the claim made by the Applicants was exorbitant. They denied that the vehicle registration No. MH12UA3159 (Minidor Auto Rikshaw) was insured with them at the time of accident i.e. on 28.12.2004 at 12.40 p.m. It was their case that effective date of commencement of insurance for the purposes of making the Insurance Company liable was from 15.05 hrs. on 28.12.2004 to midnight of 27.12.2005. It was their case that since the accident took place on 28.12.2004 at about 12.40 p.m. the vehicle was not insured with the Insurance Company and therefore it was not liable to third party risk.

5. The Petition proceeded to trial. On behalf of the Applicants, the Applicant No.1 Smt. Sunita Sanjay Gujar examined herself as also examined one Prashant Kale an employee of Sakal newspaper as also Dilip Parekh who had issued the income certificate of Sanjay Gujar. On behalf of the Insurance Co