SAKHARAM @SURESHBHAI NALAVADE Vs. PARESHBHAI DAGDUBHAI KADAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 1.6.2009 passed by learned Motor Accident Claims Tribunal (Main), Surat in Motor Accident Claims Petition No.78 of 2006, wherein the Tribunal has awarded a sum of Rs.2,04,500.00 along with interest at the rate of 9% per annum from the date of application till realization, holding liable to opponent No.1 and compensation to be paid by him. The claims Tribunal has exonerated the Insurance Co. from the liability.

(2.) ACCORDING to the claimants, on 25.12.2005, minor deceased Mayuriben was going with her uncle on Hero Honda Passion Plus No.GJ-5-EB-6181 as a pillion rider. When the Motorcycle reached at the place of accident, a kite thread got entangled in the neck of Pareshbhai. He removed the thread and threw it backside which got entangled on the right side of the neck of minor Mayuri. Thereby, her neck was cut and she had received injuries and ultimately succumbed to the injuries. Therefore, the claimants have filed the aforesaid application under Section 163-A of the Motor Vehicles Act wherein the impugned award came to be passed which is challenged in the present appeal.

(3.) ON the other hand, learned counsel for the respondents submitted that the impugned judgment and award is just and proper and claims Tribunal has considered each and every aspect of the matter while awarding compensation and rightly exonerated the Insurance Co. Therefore, no interference is required by this Hon'ble Court and the appeal may be dismissed.