ORIENTAL INSURANCE CO LTD Vs. MEGHRAJ RAHAJI MALEK

JUDGEMENT

(1.) Being aggrieved by the judgment and award dated 06.11.2009 passed by the Motor Accident Claims Tribunal (Aux), Dhrangadhra at Surendranagar in MACP No.104 of 2000, the insurance company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the "Act").

(2.) In a nutshell, as can be culled out from the record of the appeal, the respondent no.1- original claimant met with an accident on 01.12.1999 at about 10.00 am while he was going on the public road near High School of Kharaghoda situated at Kharaghoda-Patdi road with his motorcycle bearing registration No. GJ13-6206. It is the case of the original claimant that he was driving his motorcycle very cautiously and when he reached near the place of accident, a truck bearing registration No. GJ13-T-7426 came from the opposite side being driven in rash and negligent manner and excessive speed and dashed with the claimant because of which he sustained serious injuries. The respondent-original claimant filed the present claim petition and claimed compensation of Rs.1,50,000/- under section 166 of the Act. The original claimant adduced oral evidence at exhibit 24 and also relied upon the medical certificate in particular. The Tribunal after appreciating the fact that there is a consensus between both the parties as regards the permanent disability of the body as a whole, which can be culled out from the medical certificate at exhibit 34, was pleased to partly allow the claim petition by applying the multiplier of 17 and awarded a sum of Rs.91,129/- with interest at the rate of 9% p.a. from the filing of the claim petition till its realisation. Being aggrieved by the same, the insurance company has filed the present appeal.

(3.) Heard Ms.Karuna Rehvar, learned advocate for the appellant, Ms. Amrita Ajmera, learned advocate for respondent no.1-original claimant and Mr. Y.J. Patel, learned advocate for respondents no.2 and 3.