ORIENTAL INSURANCE CO LTD Vs. SHASHIKANT VADILAL SHAH

JUDGEMENT

(1.) Instant First Appeal filed under Section 110 D of the Motor Vehicles Act, 1939 is directed against the judgment and award dated 30.11.1992 rendered in MACP No. 124 of 1989 by the MACT (Main-II), Ahmedabad by which the claim petition filed by the Respondent No.1 - claimant to recover the compensation of Rs.40,000/- on account of vehicular injury sustained by him in a road accident has been partly allowed and thereby he has been awarded total compensation of Rs.27,600/- together with interest at the rate of 12% from the date of application till realization.

(2.) The facts of the case are detailed in the impugned judgment and award, therefore, it is not necessary to reproduce the same in verbatim in this judgment. Suffice it to say that the claimant met with the accident on 10.11.1988 near Swami Narayan Temple, Shahibaug, Delhi Darwaja Road, Ahmedabad while driving his Scooter bearing registration No. GTR 9660 with his wife who was a pillion rider. At that time, the Respondent No.1 came driving auto-rickshaw in a rash and negligent manner and hit it with the scooter as a result of which the claimant fell down and received multiple injuries. It was the case of the claimant that due to rash and negligent driving, on part of the Driver of auto-rickshaw, the accident has taken place and therefore all the Respondents, i.e. driver, owner and insurance company, are jointly and severally liable to pay compensation.

(3.) The Petition was contested by the Appellant - Insurance Company wherein all the averments made by the claimants were denied. It was also asserted that inflated and exaggerated claim is preferred. The liability of the Driver of auto-rickshaw is limited to the extent of 50,000/- in respect of third party, ultimately it was prayed to dismiss the claim petition.