ORIENTAL INSURANCE CO. LTD Vs. MOHANBHAI SHANKARBHAI VAGHELA

JUDGEMENT

(1.) BOTH these appeals arise out of the same accident and involve common questions on law and facts. Hence, they are disposed of by this common judgment.

(2.) BOTH these appeals arise out of the common judgment and award dated 15.09.2004 passed by the Motor Accident Claims Tribunal (Aux.), Kheda at Nadiad in M.A.C.P. No.343/1997 and 342/1997 whereby, both the claim petitions were allowed in part.

(3.) HEARD learned counsel for the respective parties. Having gone through the impugned award, I find that the Tribunal has dealt with every aspect of the case in detail. The Tribunal appreciated the evidence on record in its proper perspective and has awarded compensation, which, in my view, is just, legal and appropriate. Considering the damage caused to the Truck and the panchnama of scene of accident Exhibit-38, I am of the view that the Tribunal has rightly held the Truck driver solely negligent for the accident.