NATIONAL INSURANCE CO LTD Vs. CHARUBEN MANUBHAI PATEL

JUDGEMENT

(1.) THIS appeal is directed against the judgement and award dated 08.10.2008 passed by learned Motor Accident Claims Tribunal (Main), Ahmedabad (Rural) in Motor Accident Claims Petition No. 906 of 1996, wherein the Tribunal has awarded a sum of Rs. 1,74,500/- along with interest at the rate of 9% per annum from the date of application till 31.12.2000 and thereafter at 7.5% per annum till realization.

(2.) ACCORDING to the claimant, on 01.06.1996, one Shri Kartik was driving Maruti Car bearing registration no. GJ-1-AR-3535 and proceeding towards Dakor with family members when the car turned turtle as a result of which said Kartik sustained injuries and succumbed to the same. The claimants being legal heirs therefore 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.) IN the case of National INsurance Company Ltd. Vs. Sinitha and Others, reported in 2011(13) SCALE 85 (=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 163-A of the Act by pleading and establishing a 'fault' ground.