ORIENTAL INSURANCE CO LTD Vs. VIRBHADRASINH DILIPSINH SUNAVA

JUDGEMENT

(1.) Both the appeals arise out of the same accident and common judgment and award passed by the tribunal, hence both the appeals are heard together and are disposed of by this common judgment and order.

(2.) Being aggrieved by the common judgment and award dated 7.4.2015 passed by the Motor Accident Claim Tribunal (Main) Narmada at Rajpipla in Motor Accident Claim Petitions No.120 and 178 of 2013 the Insurance Company has preferred these appeals under Section 173 of the Motor Vehicles Act, 1988 ( hereinafter referred to as 'the Act' for sake of brevity).

(3.) The following facts emerge from the record of the appeals. 3.1 The accident occurred on 26.2.2013 between Chamariya Patiya to Bhiloda Patiya situated near Valiya, Dist. Narmada. As per the record, the accident took place between a Dumper bearing RTO Registration No.GJ-16-VV- 8672 and a Maruti-Van bearing Registration No.GJ-16-AP-5901. The M.A.C.P No.120 of 2013 came to be filed by the driver of the Maruti-Van who was injured in the accident and M.A.C.P. No.178 of 2013 came to be filed by the persons traveling in the same vehicle. The claimants preferred the said application under Section 166 of the Act and claimed compensation of Rs.25 lakhs and Rs.10 lakhs respectively. The respondents - original claimants examined claimant - Vrajsinh at Ex.21, Virbhadrasinh at Ex.41, one witness Pravinsinh Ramsinh Yadav at Ex.46, another witness Ranjitsinh Motisinh Pilodariya at Ex.47 and over and above the same relied upon the documentary evidence such as FIR at Ex.59, panchnama of the scene of occurrence at Ex.60, driving license of the driver of the Maruti-Van, one of the claimants at Ex.62, disability certificate of Virbhadrasinh at Ex.75, case-memo of ambulance at Ex.79, disability certificate of Vanrajsinh at Ex.78 and medical bills of both the injured being Ex.80 to 83 and 85 to 88.