NATIONAL INSURANCE CO. LTD. Vs. URMILABEN HIRABHAI PATEL

JUDGEMENT

(1.) The short facts of the case are that on 3.2.2002 at about 3.30 p.m., when deceased Hirabhai Gokulbhai Patel was going on his motorcycle from Dukhdi to Undavada, as per the claimants, one Maruti Car bearing No.GJ-7 XA 1692, being driven in rash and negligent manner, dashed with the motorcycle from front side, as a result thereof, the deceased fell down from the motorcycle and he received injuries and ultimately succumbed to the injuries. Such accident gave rise to the claim petition, being Motor Accident Claim Petition No.469 of 2002 for compensation of Rs.30 lakhs. The Tribunal for the reasons recorded in the judgment, awarded Rs.21,56,688/- with interest at the rate of 6% per annum from the date of the application. Under the circumstances, the present appeal is before this Court.

(2.) We have heard learned counsel Mr. Dakshesh Mehta appearing for the appellant and Mr. Hiren Modi appearing for the original claimants. The other parties to the proceedings are served but none has appeared on their behalf. We have considered the judgment and the reasons recorded by the Tribunal. We have also considered the record and proceedings.

(3.) Learned counsel Mr. Mehta at the outset declared before the Court that the appeal is preferred also on the ground of negligence, namely apportionment of the contributory negligence to the deceased, but he does not press the said contention for negligence as no evidence was led on behalf of the Insurance Company or the owner of the insured vehicle before the Tribunal. Hence, we find that the said aspect of negligence need not be examined by us.