ORIENTAL INSURANCE CO LTD Vs. DHANBAI KANJI GADHVI

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment dated 15.1.2010 rendered by the learned Single Judge of the High Court op Gujarat at Ahmedabad in Special Civil Application No. 9400 of 2006 by which the order dated 23.12.2005 passed by the Motor Accident Claims Tribunal (MACT) Bhuj, Kachchh in M.A.C.P. No. 759/97 permitting the Respondents, who had already obtained compensation under Section 163A of the Motor Vehicles Act 1988 ('the Act' for short), to proceed with the application filed under Section 166 of the Motor Vehicles Act 1988, is affirmed.

(3.) The Respondents are the original claimants. On 17.6.97, the deceased viz. Kanji Keshavbhai Gadhvi was riding his two wheeler i.e. Luna. When he reached near IFFCO, the driver of taxi bearing No. GJ-12-C-9484 who was coming from the opposite direction dashed the taxi with the Luna as result of which Kanjibhai lost his life. Therefore, the Respondents who are legal heirs of the deceased Respondent filed MACP No. 759 of 1997 under Section 166 of the Motor Vehicles Act against the driver and owner of the taxi as well as against the Petitioner who is insurer of the taxi and claimed compensation of 7,50,000/-. The Respondents had thereafter filed an application at Exhibit 6 under Section 163 A of the Act and claimed compensation of 3,93,500/- on the principle of no fault liability.