ORIENTAL INSURANCE COMPANY LIMITED Vs. DEVUBEN MALSUR LOH

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and award dated 25.08.1994 passed by the Motor Accident Claims Tribunal (Main), Bharuch in M.A.C.P. No.937/1986 whereby, the claim petition was partly allowed and the appellant, original opponent no.3 and respondents no.5 to 6, original opponents no.1, 2 & 4 were jointly and severally held liable to pay Rs.2,55,000/- with proportionate costs and interest at the rate of 15% per annum from the date of application till its realization to respondents no.1 to 4, original claimants.

(2.) THE facts in brief are that on 27.06.1986 at about 1830 hrs. while Malsur Jehabhai, husband of respondent no.1, father of respondent no.2 and son of respondents no.3 & 4, was returning to his Village by foot in the company of his brother, a Truck bearing registration no. GTC 5196, driven by respondent no.5, owned by respondent no.6 and insured with the appellant-Insurance Company, dashed Malsur Jehabhai from the behind and ran over him. In the said accident, Malsur Jehabhai lost his life. THE claimants, therefore, filed the claim petition before the Tribunal claiming compensation of Rs.4.00 Lacs. THE said claim petition came to be partly allowed by way of the impugned award. Hence, this appeal.