ORIENTAL INSURANCE COMPANY LIMITED Vs. RAJIBEN

JUDGEMENT

(1.) The fact giving rise to this appeal and cross-objections can briefly be narrated as under: One Rajiben, the widow of Sendhabhai Lavjibhai Chaudhari filed Motor Accident Claim Petition No. 106 of 1980 claiming compensation for death of her husband Sendhabhai. The deceased hired Matador No. GTF 4051 for going to Ahmedabad for purchasing one electric motor from Ahmedabad which was to be installed in the well situated in the field of the deceased. The accident took place on 9.10.79 when Sendhabhai was returning from Ahmedabad along with electric motor on the hired Matador at about 6.30 a.m. The deceased was sitting along with the driver in the driver's cabin of the Matador. The owner of the Matador was also in the said vehicle. Amrutpuri Hirapuri Goswami was driving the Matador. The two camel carts were proceeding on the National Highway from Baliasan towards Mehsana. It was alleged that the driver was driving the vehicle rashly and negligently and dashed with the said camel cart as a result of which the accident took place. The camels of both the carts also sustained injuries and the Matador was damaged. The Claim Petition No. 106 of 1980 was confined to compensation for fatal injuries to Sendhabhai who expired on account of the injuries sustained in the accident.

(2.) The petition was contested by the owners and the respondents. The cross- objection was filed against the award of the Tribunal claiming more compensation. However, Mr. V.C. Desai, learned counsel for respondent Nos. 1 to 4, who filed the cross-objection, stated that he may be permitted to withdraw the cross-objection. Accordingly, the cross-objection is dismissed as withdrawn.

(3.) After considering the respective pleadings of the parties and the evidence adduced by them, the Tribunal awarded Rs. 1,47,500 as compensation together with interest at the rate of 6 per cent from the date of application till realisation with proportionate costs.