Bombay High Court
The New India Assurance ... vs Smt. Anita @ Vanita W/O Amranath ... on 21 November, 2022
Bench: Avinash G. Gharote
202fa739.08.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
FIRST APPEAL NO. 739 OF 2008
APPELLANT: The New India Assurance Company Ltd.,
Through the Divisional Officer No.II,
Zhansi Rani Chowk, Wardha Road,
Nagpur.
...VERSUS...
RESPONDENTS: 1] Smt. Anita @ Vanita wd/o Amarnath
Yadav, aged 33 yrs, Occ. Housewife.
2] Suresh s/o Amarnath Yadav,
aged 8 years, Occ. Student
3] Ku. Dipali d/o Amarnath Yadav,
aged 4 years Occ. Nil,
4] Munna S/o Amarnath Yadav,
aged about 11 years, Occ. Nil
Nos. 2 to 4 minors, through their natural
guardian mother - petitioner no.1 Smt. Anita
@ Vanita wd/o Amarnath Yadav, R/o Sangarsh
Nagar, Nagpur.
5] Hemant Kumar s/o Velji Vora,
Gujarati Bada, Tumsar Road,
Tumsar, Dist. Bhandara.
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Mr.Akhilesh Potnis, Advocate h/f Shri M.M.Sudame, Advocate for appellant
None for respondents
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CORAM : AVINASH G. GHAROTE, J.
DATE : 21/11/2022.
202fa739.08.odt
[Oral Judgment]
1] Heard Mr. Potnis, learned counsel holding for Mr.M.M.
Sudame, learned counsel for the appellant. None of Respondents.
2] The appeal challenges the award dated 27.3.2008
(pg.25) passed by the learned Member, Motor Accident Claims
Tribunal, Nagpur, whereby the claim of Respondent Nos.1 to 4 on
account of the demise of one Amarnath Yadav in the accident which
happened on 24.6.1998 at Talodi to Nagbhid Road, has been
allowed, granting compensation of ₹.4,16,000/- including 'no fault
liability' with cost and interest at 7.5% per annum from the date of
claim petition till its realization, within two months, to the
petitioners.
3] The accident is not disputed by Mr. Potnis, learned
counsel for the appellant. What is contended is that there was
contributory negligence of the deceased who was driving a Trailer
bearing Registration No. MP-23/D-4910 and discarding of the
evidence of DW-1 Gulab Karu Bankar at Exh. 42 (pg 50).
202fa739.08.odt
4] It is not disputed that the accident had happened on
24.6.1998 on Talodi-Nagbhid Road at around 7 to 8 p.m. at
Chindimal Jungle area. Though it is contended, relying upon the
evidence of DW-1, that the truck bearing Registration No. MTG-8957
was stopped at the left side of the road, that is the evidence by the
driver of the truck, by whose dash the accident had taken place,
which had resulted in the demise of Amarnath Yadav and therefore,
has to be taken in consideration with a pinch of salt. That apart, DW-
1 in his evidence makes a statement that damage was caused to his
truck in the accident and so also he had received an injury to his
right leg, however, there is absolutely nothing on record to
substantiate the said contention. When such a plea is raised of
damage to the truck and so also injury to the right leg of the driver,
these are things which are necessary to be proved by leading
documentary evidence, however, there is nothing on record except
the bald statement of DW-1 in respect thereof. Neither any injury
report of DW-1, nor any bill of repairs to the truck was ever placed
on record, considering which it is apparent that the testimony of DW-
1 has rightly not been relied upon by the learned Tribunal. No other
plea has been raised, nor any material has been brought to my notice
202fa739.08.odt
to enable me to interfere in the impugned award, considering which
I do not see any merit in the appeal. The same is therefore dismissed.
No costs.
JUDGE
Rvjalit
Digitally sign byRAJESH
VASANTRAO JALIT
Location:
Signing Date:23.11.2022 10:23
