ORIENTAL INSURANCE COMPANY LIMITED Vs. OMKARSINH HARISCHANDRASINH JADEJA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order dated 31.7.2009 passed by the Motor Accident Claims Tribunal (Main), Surendranagar in MACP no.916 of 1997, 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 noteworthy facts emerge from the record of the appeal:- Suffice it to note that the accident occurred on 13.2.1997, wherein two vehicles are involved i.e. Ambassador car bearing registration no. GJ-13 9792 and truck involved in the accident bearing registration no. GJ-2 P-7374. As per the record, it transpires that the accident occurred on Surendrangar-Muli road, near Godavari Village. An FIR came to be lodged at Exh.88 and Panchnama at Exh.89. The claim petition was filed by the claimant and claimed compensation of Rs.2,00,000/-. The Tribunal, after Taking into consideration the oral evidence as well as documentary evidence on record, considered the disability as agreed between the parties at 15% of the body as a whole as per Exh.101 as well as certificate at Exh.102 and came to the conclusion that the original claimant had increased 25% of the disability of the body as a whole. The Tribunal assessed the notional income of the claimant at Rs.750/- per month and applying multiplier of 16, awarded an amount of Rs.1,20,000/- as compensation under the future loss of income. Over and above the same, the Tribunal was pleased to award Rs.25,000/- as medical expenses, Rs.3,000/- for special food/diet, Rs.5,000/- towards transportation charges and Rs.3,000/- towards attendance charges, Rs.15,000/- for pain, shock and suffering and thus, awarded total compensation of Rs.1,71,000/- with 9% interest from the date of the claim petition till its realization. Being aggrieved by the same, the present appeal is filed by the insurance Company.

(3.) Heard Ms. Karuna Rahevar, learned advocate for the appellant, Ms. Amrita Ajmera, learned advocate for the respondent no.1 - original claimant, Mr. H.G. Mazmudar, learned advocate for respondent no.3 - insurance Company and Mr. Rahul Dave, learned advocate for Mr. Kirtidev R. Dave, learned advocate for respondents no.4 and 5. Though served, no one appears for the respondent no.2.