NATIONAL INSURANCE CO LTD Vs. JATINBHAI BHUATBHAI MEHTA

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and award dated 23.08.1995 passed by the Motor Accident Claims Tribunal, Ahmedabad in M.A.C.P. No.113/1988 whereby, the claim petition was partly allowed and the opponents were jointly and severally held liable to pay compensation of Rs.5.25,854 to respondent no.1, original claimant, along with interest at the rate of 15% per annum from the date of application till its realization and that if payment if made within three months, the rate of interest shall be calculated at 12% per annum.

(2.) THE facts in brief are that on 06.04.1988 at about 1030 hrs. while respondent no.1, original claimant, was passing through Kalupur vegetable market on his Scooter bearing registration no. GUI 6227, a Truck bearing registration no. PUI 6795 driven by respondent no.2 herein and insured with the appellant-company, dashed the Scooter from the behind. As a result of the said accident, respondent no.1 fell down and sustained severe bodily injuries. He filed a claim petition before the Tribunal claiming compensation of Rs.7.50 Lacs, which came to be partly allowed by way of the impugned award. Being aggrieved by the award, the appellant-Insurance Company has preferred the present appeal.