NEW INDIA ASSURANE COMPANY LIMITED Vs. FULIBEN

JUDGEMENT

(1.) This appeal is preferred by the appellant- Insurance Company challenging the impugned judgment and award dtd. 15/4/2005 passed in M.A.C.P. No. 752 of 1999 by the Motor Accident Claims Tribunal (Aux.) Sabarkantha at Himmatnagar (hereinafter referred to as "the Tribunal").

(2.) The facts of the present case, in nutshell, are that the accident occurred on 16/3/1999 at about 3.30 pm, at village - Bamansar on the National Highway. That, the deceased - Solanki Kanusinh Balusinh was driving dumper bearing registration No. GJ- 2X-1314, when he reached near the site of the accident, the truck bearing registration No. GJ-1TT-5518, came from the opposite direction and collided with the said dumper and thereby caused fatal injuries to the deceased. That, the dumper driven by the deceased was insured by the appellant, whereas the truck No. GJ- 1TT-5518 was insured by United India Insurance Co. Ltd. That, the claimants therefore filed the claim petition claiming compensation for death of the deceased - Solanki Kanusinh Balusinh.

(3.) Heard learned advocate Mr. Ajay Mehta for the appellant - Insurance Company, learned advocate associated with learned advocate Mr. J.V. Japee respondent Nos. 1 to 6 and learned advocate Mr. Palak Thakkar for the respondent No.9.