The judge in his ruling noted that the sale of the vehicle by the owner to another person does not absolve him of the claim and hence ordered that the original owner and the insurance company jointly make the payment to the bereaved family of the powerloom worker from Bhiwandi who was killed in a jeep accident in 2007.
The case relates to a road mishap wherein the victim -- Rajesham Jakkani, 43, working as a mukadam in a powerloom factory drawing a salary of Rs 5,900-- was travelling in a private jeep alongwith others to Shirdi on February 27, 2007.
On the Nashik Sinnar road near village Mirgaon, the jeep collided head on with the truck from opposite direction resulting in the accident, claiming the lives of all the occupants including the driver.
Jakkani's widow Gangayya (38) held the jeep driver responsible for the accident on account of rash and negligent driving and lodged a claim of Rs 800,000
Judge P N Mudhe of the Motor Accident Claims Tribunal after hearing both the counsels concluded that the claimants had proved that the accident was on account of the driver of the jeep who transported the pilgrims.
All the arguments put forth by the Insurance company were dismissed by the judge who granted a compensation of Rs 715,000 with interest from the date of lodging the claim.
The insurance company put forth the argument that the original owner the first opponent Bhoir had already sold the jeep in question to one Satish Kura and they were hence not liable for making the payment.