NATIONAL INSURANCE CO LTD Vs. KAILASHBEN NARANDAS

JUDGEMENT

(1.) BY way of filing these appeals under Section 173 of the Motor Vehicles Act, 1988 the appellant-insurance company has challenged the judgment and award dated 30 th November 1995 passed by the Motor Accident Claims Tribunal (Aux.), Surendranagar in MAC Petitions vide which the Tribunal was pleased to partly allow the claim petitions filed by the claimants.

(2.) THE facts giving rise to the present appeal are to the effect that on 26th April 1986 at about 4.45 AM while they were on patrolling duty and were returning from Godavari to Surendranagar in police jeep, their jeep had collided with a truck bearing No.GTX 5070 that was lying on the road near Sudhari plot. It is the case of the claimants that the Driver of the truck had not put on parking light or any parking signal. Due to the impact of the said collision, PSI Narandas and Police Constable Galabhai Dhudabhai received fatal injuries while Head Constable Laghubhai Gambhirsinh Zala received injuries. Heirs and legal representatives as well as injured filed three separate claim petitions while the State Government filed MAC Petition No.424 of 1986 for damage caused to the Jeep.

(3.) I have heard the learned counsel for the parties and perused the record.