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Judgment
This appeal is preferred by the appellant-insurance company against the Judgment and Order passed by Motor Accident Claims Tribunal, Khed (for short ‘the Tribunal’).
Though respondents are served, none present for the respondents. The Appeal is of the year 2007. Hence, I am deciding it on merit.
It is contention of learned counsel for appellant that the Tribunal has considered monthly income of the deceased on higher side and incident occurred due to contributory negligence of the deceased and rider of the offending motorcycle. But these facts are not considered by the Tribunal and requested to allow the appeal.
It is the case of petitioners that on 7th March 2004, the deceased was proceeding on his motorcycle to Chiplun. Original2025:BHC-KOL:2502 respondent no. 1 was riding motorcycle in rash and negligent manner, the offending vehicle came from opposite direction and gave dash to the motorcycle of the deceased. Due to dash, the deceased sustained grievous injuries and died while taking treatment.
The offence was registered against the respondent no. 1. To prove the negligence, the claimants have relied on police papers. While dealing with the issue of negligence, the Tribunal has observed that the respondent no. 1 did not step into the witness box to prove the negligence of the deceased. Moreover, FIR was lodged against the respondent no. 1. The spot panchanama shows negligence of the respondent no. 1. On that ground, the Tribunal has considered that accident occurred due to negligence of the respondent no. 1. I do not find infirmity in it. In view of the spot panchanama at Exhibit 36 and the complaint at Exhibit 35 filed on record shows that accident occurred due to negligence of the respondent no. 1. Hence, I do not find merit in the contention that accident occurred due to contributory negligence of the deceased.
It is the case of the claimants that the deceased was working as Jr. Engineer in Minor Irrigation Division and getting salary of Rs. 14,520/-. The salary certificate is at Exhibit 58. On that basis, the2025:BHC-KOL:2502 Tribunal has considered monthly income of the deceased. As the deceased was government employee and his monthly income is considered on the basis of salary certificate, I do not find infirmity in it.
It is the contention of the appellant that interest at 9% is awarded, it is on higher side. The Tribunal has awarded consortium amount on lower side. Considering this fact, the interest awarded at 9% is proper.
In view of above, I pass following order:
O R D E R
I. The Appeal is dismissed.
II. The respondent-claimants are permitted to withdraw the deposited amount alongwith accrued interest thereon.
III. The statutory amount be transferred to the Tribunal along with accrued interest thereon. The parties are at liberty to withdraw it as per Rule.
IV. The Record and proceedings be sent back.
The appeal is disposed off in above terms. 2025:BHC-KOL:2502
In view of disposal of appeal, all pending applications, if any, are disposed off accordingly.