NATIONAL INSURANCE CO LTD Vs. KIRITKUMAR CHHAGANBHAI PATEL

JUDGEMENT

(1.) BY way of this appeal, appellant ? Insurance Company has challenged the order dated 28.11.2005 in Motor Accident Claims Petition No.107 of 2005, filed under Section 163-A of the Motor Vehicles Act, passed by the Motor Accident Claims Tribunal(Main), Nadiad, whereby the Tribunal has awarded Rs.1,54,500/- together with interest at the rate of 7.5% p.a. from the date of this application till the realization.

(2.) LEARNED advocate for the appellant has contended that though there was no liability of appellant ? Insurance Company to pay compensation as the deceased himself was a wrongdoer. LEARNED advocate for the appellant has relied upon the decision of Apex Court in case of /National Insurance Company Vs. Sinitha and Others/ reported in /2011(13) Scale 84/.