Advocates:
['AMBHORE M M', 'R R IMALE', '', '', 'R/ TO MINORS', 'R/ SERVED']

1 FA-204-2016.doc

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

FIRST APPEAL NO. 204 OF 2016

The New India Assurance Co. Ltd.,

Through its Manager (Legal Hub),

D.O. No. I, Adalat Road, Aurangabad,

Through its authorized signatory

Avinash Achyut Bugdani

R/o Aurangabad

… Appellant

(Orig.Respondent No.2)

Versus

1.

Smt. Sakhubai w/o Pramod Lokhande

Age 38 years, Occu: Household,

R/o Khasgaon Tq. Jafrabad

District Jalna

2.

Vitthal s/o Pramod Lokhande

Age: 18 years, Occu: Education,

R/o Khasgaon, Tq. Jafrabad,

District Jalna

3.

Kum. Bhagyashali d/o Pramod Lokhande

Age 16 years, Occu: Education,

R/o Khasgaon, Tq. Jafrabad,

District Jalna

4.

Ku. Rekha d/o Pramod Lokhande,

Age 14 years, Occu: Education,

R/o Khasgaon, Tq. Jafrabad,

District Jalna

5.

Vishal s/o Pramod Lokhande

Age 09 years, Occu: Education,

R/o Khasgaon Tq. Jafrabad,

Dist. Jalna

No.3 to 5 are minors U/g of

their mother Respondent No.1

Sakhubai w/o Pramod Lokhande

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6.

Shaikh Jafer Shaikh Rahim

Age 54 Years, Occu: Business,

R/o Jafrabad, Tq. Jafrabad,

District Jalna

… Respondents

(R-1 to 5 Org. Claimants)

(R-2 Org. R-1)

....

Mr. M. M. Ambhore, Advocate for appellant

Mr. R. R. Imale, Advocate for respondent Nos. 1 and 2

....

CORAM : R. G. AVACHAT, J.

DATED : 25^th AUGUST, 2021

PER COURT :-

.

The challenge in this appeal is to the judgment and

award dated 21.09.2015, passed by the Member, Motor Accident

Claims Tribunal (M.A.C.T.), Jalna, in Motor Accident Claim Petition

(M.A.C.P.) No.169 of 2011, granting compensation of Rs.6,72,000/-

with interest at the rate 7.5% per annum on account of death in

vehicular accident.

2.

FACTS:-

The dead body of deceased Pramod Lokhande was found

behind a Pan-Stall in the early morning on 01.08.2011. It was,

however, noticed that the footwear of the deceased and blood stains

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were found on the tar-road at a very short distance from the

Pan-Stall. Sakhubai, the widow of the deceased lodged the First

Information Report (F.I.R.), contending that the motor vehicle – Tata

Venture MH-21-V-3912 driven in rash and negligent manner,

knocked down the deceased and fled.

3.

The widow and four minor children of the deceased filed

the claim petition for compensation, contending that the deceased

was serving as a Water-man with the Grampanchayat, Khasgaon at a

monthly pay of Rs.6,000/-. He would also do agriculture. On

appreciation of the evidence in the case, the Tribunal allowed the

petition, directing the appellant – Insurance Company and the

vehicle owner (respondent No.6 herein) to pay the petitioners

compensation as stated above.

4.

Heard. Shri M. M. Ambhore, learned Advocate for the

appellant – Insurance Company would submit that the vehicle has

been falsely involved in the accident. There is no witness claiming to

have seen the vehicle knocked down the deceased. The dead body of

the deceased was found behind the Pan-Stall. Postmortem

examination report suggest the deceased died of heart attack. The

nature of injuries suffered by the deceased does not indicate it to be

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a case of accidental death. The deceased appears to have been killed

on the road and his body placed behind the Pan-Stall. The person

who informed the widow of the deceased about the involvement of

the offending vehicle, has not been examined. The said person did

not stand by his so called police statement in a criminal case against

the driver. In view of the learned Advocate, the impugned award is

based on no evidence and therefore, liable to be set aside. The

learned Advocate placed reliance on the fo