LAWS(GJH)-2010-8-612

VALLABHBHAI ARJANBHAI THUMMAR Vs. KRUSHNAKANT BECHARBHAI SAVALIA

Decided On August 10, 2010
VALLABHBHAI ARJANBHAI THUMMAR Appellant
V/S
KRUSHNAKANT BECHARBHAI SAVALIA Respondents

JUDGEMENT

(1.) Admit. Mr. Anal S. Shah, learned Counsel for Respondent No. 2 and Mr. Shashikant S. Gade, learned Counsel for Respondent No. 5, main contesting Insurance Companies, waive service of notice of admission and they are agreeable for final disposal of the appeal in absence of any notice to Respondents No. 1, 3 and 4, since ultimately the liability is to be borne by the Insurance Companies.

(2.) The present appeal arises against the judgment and award dated 17th November, 2007 passed by the Tribunal in MACP No. 53/2007, whereby the compensation has been awarded of Rs. 5,56,000/- with the interest at the rate of 7.5% per annum.

(3.) The short facts of the case appear to be that on 22nd January, 2007 at about 0.15 hours, the accident took place near Fulgram Patia and the vehicle of the opponent before the Tribunal was involved. It appears that in the accident, the deceased Pravinbhai Vallabhbhai has expired. The claim petition was filed by the dependent members of the family being MACP No. 53 of 2007 for the compensation of Rs. 20 lac. The Tribunal, ultimately, after hearing both the sides, passed the aforesaid judgment and award. It is under these circumstances, the present appeal before this Court.