JENTILAL JINABHAI KOLI Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) Leave to delete Respondent Nos. 2 and 3 since they were not the parties to prefer the review application, and in any case, if the order below review application is set aside, they would be benefited. Permission granted.

(2.) The present petition is directed against order dated 10.02.2010 passed by Motor Accident Claims Tribunal below Review Application No. 6 of 2006, whereby the Tribunal has exercised the review power and has exonerated the Respondent-insurance company from his liability to pay the compensation.

(3.) The relevant facts are that, on 08.07.1993, deceased Jayantilal was traveling in the carrier rickshaw being RTO No. GJ 11 T 8337 with his goods, and at that time, the driver of the rickshaw lost the control and it resulted into the accident. Deceased sustained injuries and then he succumbed to the injuries. It gave rise to the claim petition being M.A.C.P. No. 549 of 1993 for compensation of Rs. 3 lacs. Tribunal, at the conclusion of the petition, awarded compensation at Rs. 2,20,000/-to the dependents, members of the family of the deceased, with the interest @ 7.5%. The aforesaid judgment came to be passed on 30.11.2005.