NATIONAL INSURANCE COMPANY LIMITED Vs. CHANDRAKANTBHAI CHOTABHAI PARMAR

JUDGEMENT

(1.) This appeal has been filed u/s 173 of MV Act by original opponent no.3-insurance company of rickshaw involved in accident thereby challenging the judgement & award dated 30-11-2019 passed by the MACT, (Aux) @ Anand in MACP 408 of 2013.

(2.) This Court issued notice for final disposal by its order dated 01-12-2020 and with consent of learned advocates for the respective parties, present appeal is taken up for final disposal. Though served none appears for respondent no.5 & 6/1 to 6/3 (original opponent no.1 & 2/1 to 2/3).

(3.) The short facts of case appears to be that deceased bhartiben was travelling in Auto Rickshaw No. GJ-23-X-0066 on 24-04-2013 which was driven by her husband i.e. chandrakantbhai - claimant no.1. The respondent no.5 herein came with his tractor-trolly no. GJ-23-B-1169/GJ-23-T-5890 and dashed with above said rickshaw, thereby she sustained serious injuries and succumbed to the same. The husband and children of deceased Bhartiben have filed claim petition seeking compensation of Rs. 10,00,000/ from driver & owner of above said tractor-trolly as well as insurance company of rickshaw i.e. present appellant. After hearing parties, learned Tribunal has found both the drivers of vehicles involved equally negligent for causing accident. Likewise, considering facts & circumstances of case, learned Tribunal has awarded in all Rs. 7,50,400/ with 9% from date of claim petition till realization. The learned Tribunal apportioned award amongst claimants in the ratio i.e. 30% award to husband and 20% each to three children.