NEW INDIA ASSURANCE CO. LTD. Vs. PADMABEN

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied by the judgment and award dated 24.2.2014 passed by the Motor Accident Claims Tribunal, Tapi and Vyara in MACP No.5/09, the appellant insurance Company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act").

(2.) Following facts emerge from the record of the appeal:- That, the accident occurred on 12.11.2008. It is the case of the original claimants that the deceased Bakul was traveling on his motorcycle bearing registration no. GJ-19 P7267. Record indicates that the said motorcycle met with head on collusion with tractor bearing registration no. GJ-19 B-3587 with attached trolley bearing registration no. GJ-19 T-7536. The deceased Bakul succumbed to the injuries received in the said accident. An FIR was lodged and the respondents - original claimants preferred a claim petition under Section 166 of the Act and claimed compensation of Rs.3,00,000/-. The Tribunal, after appreciation of the evidence on record, both oral and documentary and more particularly, driving licence of the driver of the tractor at Exh.48, R.C. Book Exh.49, insurance policy Exh.42, deposition of the witness of RTO Clerk Exh.46, complaint Exh.33, Panchama of the scene of accident Exh.34, inquest Panchnama Exh.35, postmortem report of the deceased at Exh.36, R.C. Book of the tractor Exh.37, village form no.7/12 of the claimants Exh.38, was pleased to partly allow the claim petition and awarded a sum of Rs.2,82,000/- as total compensation along with the interest at the rate of 8% per annum and being aggrieved by the same, the present appeal is filed by the appellant insurance Company.

(3.) Heard Mr. H.G. Mazmudar, learned advocate for the appellant. Though served, no one appears for the other respondents. I have also perused the original record and proceedings.