ADILKHAN MUSTUFAKHAN PATHAN Vs. HUSAINBAX NOORBHAI MOMIN SUTHAR

JUDGEMENT

(1.) THE above appeals are directed against the common judgment and awards dated 112.03.2010 passed by the learned Motor Accident Claims Tribunal (Auxi.), F.T.C. No. 2, Nadiad in Motor Accident Claim Petition No. 551 and 552 of 2007 wherein the Tribunal has awarded a sum of Rs.1,54,500/ each in both petitions along with interest at the rate of 9% per annum from the date of application till realization. However ,the original respondent no.1 and 2 i.e. owner and insurance company were exonerated from the claim in question.

(2.) ON 8.11.2007 one minor Rehankhan Aadilkhan Pathan and Ruksanabibi Aadilkhan Pathan were traveling on a motor cycle as pillion riders. At that time a truck came and dashed with the motor cycle as a result of which said Rehankhan and Ruisanabibi expired. Hence the aforesaid claim petitions came to be filed wherein the aforesaid awards came to be passed.

(3.) AT this stage it is required to be noted that in the case of National Insurance Company Ltd. Vs. Sinitha and others, reported in 2011(13) SCALE 84 = 2012(2) SCC 356, it is held that it is open to the owner or insurance company, as the case may be, to defeat a claim under section 163A of the Act by pleading and establishing a 'fault' ground.