NATIONAL INSURANCE CO LTD Vs. HAKABHAI VIRABHAI BODAR

JUDGEMENT

(1.) IN connection with the vehicular accident that took place on 03.04.2008 in which Pappusing Gurusing Parmar expired, the heirs and legal representatives of deceased preferred claim petition being M.A.C.P. No.198/2008 u/s.163-A of the Motor Vehicles Act before the Motor Accident Claims Tribunal, Gondal, Camp at Jetpur. The said claim petition was allowed in part by judgment and award dated 28.01.2011. Being aggrieved by the same, the appellant-Insurance Company has preferred the present appeal.

(2.) IT has been mainly contended on behalf of the appellant-Insurance Company that though specific contention was raised before the Tribunal regarding liability of the Insurance Company, apart from other contentions, the same were not appreciated by the Tribunal in its proper perspective. Reliance has been placed on the decision of the Apex Court in the case of National Insurance Co. v. Sinitha and others, (2012) 2 SCC 356 [2011 (13) SCALE 84].

(3.) CONSIDERING the facts of the case and in view of the principle rendered in Sinitha's case (supra), it would be appropriate that the Tribunal re-considers the matter afresh.