ORIENTAL INSURANCE COMPANY LIMITED Vs. ARVINDBHAI GANDABHAI BELDAR

JUDGEMENT

(1.) Since the First Appeal filed by the appellant - Insurance Company and the Cross Objection filed by the respondents - original claimants have arisen out of the same judgment and award and since the facts are also similar, they are being decided by this common judgment.

(2.) The First Appeal is at the instance of the appellant - Insurance Company under Section 173 of the Motor Vehicles Act, 1988 (for short "the M.V. Act") challenging the compensation awarded by the judgment and award dated 17.12.2011 passed by the Motor Accident Claims Tribunal (Auxi.) (for short "the Tribunal"), Vadodara, in Motor Accident Claims Petition No.1083 of 1994.

(3.) The brief facts leading to the present appeal and cross objection are that, the respondent no.3 herein is the wife of the deceased Bhupendrabhai and the respondent Nos.4 and 7 are their children. The respondent Nos.5 and 6 are the parents of the deceased Bhupendrabhai. That, on 11.07.1994, the deceased Bhupendrabhai was travelling with his vegetables in the Eicher tempo owned by the respondent No.2 herein bearing registration No.GJ-7-U-5791. The respondent No.1 herein was driving the said tempo. At that time, the respondent No.1 was driving the tempo with excessive speed and in negligent manner and lost balance over the steering and hit the divider on the road. Due to which, the tempo turned turtle and the deceased Bhupendrabhai came beneath the vehicle and succumbed to the injuries on the spot. At the time of accident, the deceased was only 27 years of age and was an agriculturist. He was also doing the business of tractor and selling of water. He was earning about 1.5 Lacs to 2 Lacs annually.