First Appeal No.2820/2017

:: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

FIRST APPEAL NO.2820 OF 2017 WITH

CIVIL APPLICATION NO.13750 OF 2016

United India Insurance Company Ltd.

through its Administrative Officer (T.P. Hub)

Shri Mahendra Pratapsinh Virat

Age 49 years, occu. Service,

R/o Divisional Office – I,

Osmanpura, Aurangabad

… APPELLANT

VERSUS

1.

Siminta w/o Sandipan Tidke,

Age 32 years, Occu. Household,

R/o Bhogalwadi, Taluka Dharur,

District Beed.

2.

Shivam s/o Sandipan Tidke,

Age 8 years, Occu. Education,

R/o as above.

3.

Siddharth s/o Sandipan Tidke,

Age 6 years, Occu. Education,

R/o as above.

(Respondent Nos.2 and 3 being minor,

under guardianship of their natural mother

i.e. respondent No.1.)

4.

Uttam Raosaheb Tidke,

Age major, Occu. Agriculture, &

Business, R/o Bhogalwadi,

Taluka Dharur, District Beed.

5.

Bhausaheb Manohar Munde,

Age 30 years, Occu. Driver,

R/o as above.

… RESPONDENTS

.......

First Appeal No.2820/2017

:: 2 ::

Shri S.S. Rathi, Advocate for appellant

Shri M.P. Kale, Advocate holding for

Shri P.N. Mule, Advocate for respondents No.1 to 3

Shri R.G. Shirsath, Advocate for respondent No.5.

....…

WITH

CIVIL APPLICATION NO.6719 OF 2021 IN

FIRST APPEAL NO.2820 OF 2017

1.

Siminta w/o Sandipan Tidke,

Age 36 years, Occu. Household,

R/o Bhogalwadi, Taluka Dharur,

District Beed.

2.

Shivam s/o Sandipan Tidke,

Age 12 years, Occu. Education,

R/o as above.

3.

Siddharth s/o Sandipan Tidke,

Age 10 years, Occu. Education,

R/o as above.

(Respondent Nos.2 and 3 being minor,

under guardianship of real mother

i.e. respondent No.1.)

…

APPLICANTS

VERSUS

1.

United India Insurance Company Ltd.

through its Administrative Officer (T.P. Hub)

Shri Mahendra Pratapsingh Virat

Age 49 years, Occu. Service,

R/o Divisional Office – I,

Osmanpura, Aurangabad

2.

Uttam Raosaheb Tidke,

Age major, Occu. Agriculture &

Business, R/o Bhogalwadi,

Taluka Dharur, District Beed.

3.

Bhausaheb Manohar Munde,

Age 34 years, Occu. Driver,

R/o as above.

… RESPONDENTS

First Appeal No.2820/2017

:: 3 ::

.......

Shri M.P. Kale, Advocate holding for

Shri P.N. Mule, Advocate for applicants

Shri S.S. Rathi, Advocate for respondent No.1.

Shri A.R. Thipase, Advocate for respondent No.2.

Shri R.G. Shirsath, Advocate for respondent No.3.

....…

CORAM :

R. G. AVACHAT, J.

Date of reserving judgment : 4th August, 2021

Date of pronouncing judgment : 28th October, 2021

J U D G M E N T :

The challenge in this appeal is to the judgment

and award dated 15/4/2016, passed by learned Member,

Motor Accident Claims Tribunal (MACT), Beed in Motor

Accident Claim Petition (MACP) No.29/2012, awarding a sum

of Rs.12,47,000/- (Rupees Twelve Lakhs Forty Seven

Thousand) together with interest thereon @ 7% p.a. from the

date of filing of the MACP till the date of realisation of the

amount.

The appellant Insurance Company (original

respondent No.3) was directed to pay the entire amount of

compensation and recover a sum of Rs.7,50,000/- from the

original respondents No.1 and 2 owner and driver respectively

of the vehicle involved in the accident. The Insurance

Company has, therefore, preferred this appeal.

First Appeal No.2820/2017

:: 4 ::

FACTS :-

2.

Deceased Sandipan Tidke had been to village

Telgaon on 10/11/2011. On completion of his work there, he

boarded Commander Jeep No.MH-11-H-7204 for returning to

his village Bhogalwadi. The respondent No.5 was at the wheel

of the jeep. He was driving the jeep in rash and negligent

manner. When the vehicle was passing by village Kari at

about 5.30 Hrs., the deceased fell down from running jeep

and died on the spot. His legal representatives, respondents

No.1 to 3 herein preferred MACP for compensation. The

Insurance Company and respondents No.4 and 5 appeared in

the proceedings. It is the case of the Insurance Company

that the vehicle involved in the accident had insurance cover

to unknown passengers, 9 in number, amount