BHIKHABHAI B PADHIYAR Vs. PRAKASH J SHAH

JUDGEMENT

(1.) THIS appeal has been filed against the judgment and award passed by the Motor Accident Claims Tribunal (Aux.), Baroda in M.A.C.P. No.380/1987 dated 31.01.1992, whereby, the said claim petition was partly allowed and the appellants have been jointly held liable to pay an amount of Rs.3,03,000/- as compensation to the original claimants with interest @ 12% p.a. from the date of application till its realization.

(2.) THE facts in brief are that on 09.02.1987 at about 0945 hrs. respondent no.1 herein, original applicant no.1 and his wife ? Hemaben were going from Savli to Kunjrao on a two-wheeler (scooter) bearing registration no. GBP 7978, which was driven by respondent no.1. When they reached Fajalpur, an accident took place with a Tempo bearing registration no. GTJ 6932, driven by appellant no.1 herein. As a result thereof, both respondent no.1 and Hemaben sustained severe injuries and they were taken to Hospital for necessary treatment. However, during the course of treatment, Hemaben succumbed to the injuries.

(3.) LEARNED counsel for the respondents raised a preliminary objection that the present appeal jointly filed at the instance of the original opponents and the insurance company is not maintainable under the law. However, when the Court drew attention of learned counsel for the respondents to the decision of the Apex Court in the case of V. Subbulakshmi and Ors. v. S. Lakshmi and Anr., 2008 A.C.J. 936, wherein it has been held that an appeal at the instance of the driver and insurance company is maintainable, the said preliminary contention was not pressed.