NEW INDIA ASSURANCE CO LTD Vs. RAVINDRA PURSHOTTAM

JUDGEMENT

(1.) Appellant, New India Assurance Co. Ltd., has in this appeal, challenged judgment and award dated 09.02.2011 passed by the Motor Accident Claims Tribunal (Assistant), Kachchh -Bhuj in M.A. C.P. No.897 of 1999.

(2.) By the said judgment and award, the Claims Tribunal disposed of Motor Accident Claims Petition filed by opponent No.1 herein under Section 166 of the Motor Vehicles Act, 1988. Said opponent No.1 had received serious bodily injuries in a vehicular accident which took place on 05.03.1999. He was a pillion rider on a scooter. A Jeep insured by the appellant -Insurance Company knocked down the scooterist. He had, therefore, filed claim petition seeking compensation of Rs.20 lacs from the driver, owner and the insurer of the vehicle involved in the accident. The Claims Tribunal awarded compensation of Rs.11,08,810/ - with interest at the rate of 9% per annum from the date of application till actual payment. It is this award, which the Insurance Company has challenged in the present appeal.

(3.) Since the appellant -Insurance Company has raised only one single legal contention in support of the appeal and since learned Advocates appearing for the parties requested us to take up the appeal for final hearing at this stage, we heard learned Counsel for the parties at length. The Counsel for the Insurance Company had submitted relevant documents in form of paper -book. Record and Proceedings were also called from the trial Court and perused by us.