Shri. Shashikant Jagannath Kore & Anr. vs Shri. Ranjit Bajirao Patil & Anr.

This appeal is preferred by the appellants against the Judgment and Order dated 17^th May 2024 passed by Motor Accident Claims Tribunal, Kolhapur (for short ‘the Tribunal’) in Motor Accident Claim Petition No. 273 of 2020.

It is contention of learned counsel for appellants that the offending vehicle was ensured with respondent-insurance company but without giving any reason, the Tribunal has exonerated the insurance company which is erroneous and requested to allow the appeal.

Though the insurance company is served, none present for the respondent-insurance company. Sufficient chances are given to the respondent-insurance company but none appears for respondent-insurance company. Hence, I am deciding this appeal on merit.

It is contention of learned counsel for respondent no. 1 that no specific reasons are given by the learned Tribunal for exonerating the respondent-insurance company.

I have heard both the learned counsel, perused impugned Judgment and Order passed by the Tribunal. It is claimants’ case that on 19^th January 2021, at about 3.45 p.m., the claimant Ranjit Patil was proceeding towards Bambavade from Malkapur on his^{2025:BHC-KOL:3442} motorcycle. At that time, the offending vehicle came from opposite direction and gave dash to his motorcycle. Due to dash, he fell and sustained grievous injuries. While deciding the claim petition, the Tribunal has considered contributory negligence of the claimant at 25% and driver of offending Baleno car at 75%. It has come on record that at the time of accident, the offending car was insured with the respondent-insurance company. So the Tribunal should have directed the insurance company to pay the compensation but it has not done.

Considering these facts, I pass following order:

The appeal is disposed off in above terms.