GSRTC Vs. LAXMANBHAI PUNJABHAI VANKAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 06.11.2001 passed by learned Motor Accident Claims Tribunal (Main), Junagadh in Motor Accident Claim Petition No. 35/2000, wherein the Tribunal has awarded a sum of Rs.4,28,000/- along with interest at the rate of 12% per annum from the date of application till its realization.

(2.) THE original claimants had filed application under Section 163-A of the Motor Vehicles Act (amended), 1988 on account of the motor vehicular accident that occurred on 11.03.2000. THE said claim petition came to be partly allowed by way of the impugned award, which is under challenge in the present appeal.

(3.) IN the case of "National INsurance Company Ltd. Vs. Sinitha and Others", reported in "2011(13) SCALE 85", 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.