ORIENTAL INSURANCE CO LTD Vs. RAJENDRAKUMAR KANTILAL SHAH

JUDGEMENT

(1.) BY way of this Appeal the Appellant has challenged the judgment and award dated 13.10.1986, passed by the Motor Accident Claims Tribunal(Auxiliary) at Narol, in M.A.C.P No. 580 of 1984, whereby the claimant was awarded Rs. 50,000/- with interest at the rate of 9% per annum from the date of filing of the petition till realization.

(2.) THE short facts of this case are that on 14.9.1983 at 8.45 P.M. one Rajendrakumar Kantilal Shah along with his brother-in-law was going to Kalol from Ahmedabad. THE Opponent No.1 was riding the scooter bearing registration No. GRA 5576, attached with the side car and Rajendrakumar Kantilal Shah was riding in the side car. On the highway running between Ahmedabad and Mehsana near village Jamiyatpura, Opponent No.1 dashed the scooter against a big stone and the scooter went on the wrong side. At that time one Fiat car came from wrong side and dashed against the Scooter. As a result of this, Rajendrakumar Kantilal Shah, sustained serious injuries and therefore he filed M.A.C.P No. 580 of 1984 before the M.A.C.T., Narol. THE Tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petition and passed the award as stated hereinabove against which the present appeal is filed by the Insurance Company-original Opponent No.3.