NATIONAL INSURANCE CO LTD Vs. DHARMISHTHABEN SHIRISHBHAI SHAH

JUDGEMENT

(1.) THE appellant herein has challenged the judgement and award dated 28.01.2005 passed by the Motor Accident Claims Tribunal (Aux) at Surendranagar in Motor Accident Claims Petition No. 797 of 1996, whereby the Tribunal has held the insurance company liable to satisfy the award.

(2.) THE original claimants filed the aforesaid claim petition seeking compensation to the tune of Rs. 10 lakhs in respect of the vehicular accident which occurred on 20.06.1996 while one Shri Shirishbhai was travelling in an car when a tanker driven by original opponent no. 1 in a rash and negligent manner dashed with the car wherein Shirishbhai expired. THE Tribunal after hearing the parties awarded Rs. 9,60,120/- as compensation payable by the original opponents jointly and severally.

(3.) ACCORDINGLY, appeal is allowed. The award of the Tribunal is quashed and set aside qua liability of the insurance company-present appellant. The amount deposited by the insurance company shall be refunded with proportionate interest. The award of the Tribunal is modified accordingly. No order as to costs.