ORIENTAL INSURANCE CO LTD Vs. VIPUL R BRAHMBHATT

JUDGEMENT

(1.) The present appeal under sec. 173 of the Motor Vehicles Act ("the MV Act " for short) is directed against the judgment and award dtd. 22/7/2020 passed by the learned Motor Accident Claims Tribunal (Aux.), Bharuch in Motor Accident Claim Petition No.673 of 2009.

(2.) Bereft of unnecessary details, short facts giving rise to the present appeal are that respondent No.1 along with his family members were going towards Somnath in Tata Sumo Car bearing No.GJ 16 AA 5670. The car was driven by respondent No.2 herein and it was of the ownership of respondent No.3 and insured with the appellant insurance company. The respondent No.2 was driving the car at very high and excessive speed so as to endanger human life. At about 6.00 pm, when the car was passing on Vanthli Junagadh Highway, respondent No.2 lost control over offending car resulting in dashed with the tree. The respondent No.1 and his family members suffered bodily injuries. The respondent No.1, therefore, filed Motor Accident Claims Petition No.673 of 2009 under sec. 166 of the MV Act against respondent Nos.2, 3 and the appellant to recover in the Motor Accident Claims Tribunal at Bharuch.

(3.) The respondents appeared through their learned advocates and contested the claim petition. The respondent Nos.1 and 2 contested the claim petition by filing written statement at Exh.72 wherein they have denied all the averments, statements and contentions raised in the claim petition. They also claimed that at the relevant time, respondent No.1 was going to Somnath along with the claimant who was relative of respondent No.3 - owner of the vehicle. It is also submitted in the reply that offending car dashed with the tree as one another Maruti car had applied sudden brakes and therefore, it was submitted that the claim petition may be dismissed.