BHAVNABEN SHAILESHBHAI RANK Vs. MAHMADMKHAN MAHMADJALLAUDINKHAN PATHAN

JUDGEMENT

(1.) This is a claimants' appeal challenging the legality and correctness of the judgment and award passed by the Motor Accident Claims Tribunal (Special), 9th Additional District Judge, Rajkot in Motor Accident Claims Petition No.60 of 2007 dtd. 16/1/2018 whereunder claim petition filed by the appellants under Sec. 166 of the Motor Vehicles Act, 1988 has been allowed in part and a total compensation of Rs.34,16,364.00 with interest @ 9% per annum has been awarded from the date of petition till realisation and has held that on account of negligence of driver of Innova Car (in which the deceased was travelling), to the extent of 50% and deceased being the owner of Innova Car, to that extent, the insurer of other two vehicles have been exonerated from indemnifying the award. Hence, this appeal for enhancement and for setting aside the finding of the Tribunal insofar as holding driver of Innova vehicle being negligent.

(2.) We have heard Mr. Tushar L. Sheth, learned counsel appearing for the appellants, Mr. Rathin P. Raval, learned counsel appearing for the respondent No.3-The Oriental Insurance Company Ltd. and Ms. Sejal K. Mandavia, learned counsel appearing for the respondent No.5-ST Corporation and perused the records.

(3.) Mr. Tushar Sheth, learned counsel appearing for the appellants has made available copies of depositions of witnesses and exhibits as laid before the Tribunal. Taking into consideration that accident is of the year 2006, namely, which occurred on 7/6/2006 and 15 years have lapsed, this appeal is taken up for final disposal at the stage of admission itself.