NATIONAL INSURANCE COMPANY Vs. URMILABEN MAHESHBHAI JETHWA

JUDGEMENT

(1.) THIS appeal is directed against the judgement and award dated 31.05.2010 passed by learned Motor Accident Claims Tribunal (Main), Surat in Motor Accident Claim Petition No. 374 of 2008, wherein the Tribunal has awarded a sum of Rs. 364500/- along with interest at the rate of 7.5% per annum from the date of application till realization.

(2.) THE deceased Maheshbhai Babubhai Jethva sustained serious bodily injuries and succumbed to the injuries in vehicular accident which was occurred on 17.06.2007 at about 23.45 hours within the jurisdiction of Kapodara Police Station. THE motor vehicle bearing No. GJ-5-VV-2443 was involved in the accident. THE claimants prayed for an amount of Rs. 504500/- as compensation on structured formula under Section 163-A of the Motor Vehicles Act. THE Tribunal has passed the aforesaid award, which came to be challenged by preferring the present appeal.

(3.) 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.