ORIENTAL INSURANC CO. LTD Vs. GHANSHYAMBHAI RADHESHYAM SHARMA

JUDGEMENT

(1.) This Appeal arises out of the judgment and award dtd. 31/12/2004 passed by the MAC Tribunal (Main) Rajkot in MAC Petition No.70 of 1994, wherein the learned Tribunal has awarded the compensation to the claimant therein as under : <IMG>JUDGEMENT_697_LAWS(GJH)12_2021_1.jpg</IMG>

(2.) On 23/11/1993, deceased Ashokbhai and others were travelling as passengers in ST Bus bearing No.GJ-1-Z-1717. The accident occurred because of rash and negligent driving of the driver of the Truck bearing No.DL-1-G-5285. The offending vehicle - truck dashed with the ST Bus from behind. As a result thereof, deceased Ashokbhai had sustained serious injuries and died on the spot. The deceased Ashokbhai was aged about 30 years and was earning Rs.3000.00 to Rs.4000.00 per month. Therefore, the respondent No.1 - claimant herein had filed claim petition before the learned Tribunal claiming, inter-alia, Rs.5.00 lakhs by way of compensation.

(3.) In response to the service of notice, the original respondent Nos.1, 2 and 4, though served, have chosen not to appear. However, the Oriental Insurance Co. Ltd. - original opponent No.3 had appeared through learned advocate and filed written statement. The Tribunal, after having considered the pleadings and the evidence produced on record, held the driver of the Truck bearing No. DL-1-G-5285 insured by the Oriental Insurance Co. Ltd. as sole negligent.