NATIONAL INSURANCE COMPANY LIMITED Vs. JALAMABHAI NOPABHAI KHOKHARIYA

JUDGEMENT

(1.) IN connection with the vehicular accident that took place on 23.10.2005 involving the Jeep bearing registration GJ-1-AR-448 and ST Bus bearing registration No.GJ-18-V-7454 and in which Mukeshbhai Jalmabhai Khokhariya expired, the legal heirs of deceased preferred claim petition being M.A.C.P. No.581/2005 u/s.163-A of the Motor Vehicles Act before the Motor Accident Claims Tribunal (Aux.), Palanpur. The said claim petition was allowed in part, by judgment and award dated 06.02.2009, whereby, the original claimants were awarded total compensation of Rs.3,44,500/- along with interest at the rate of 9% per annum from the date of application till its realization with proportionate costs.

(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 appellant-Insurance Company, the same was not appreciated 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, 2011 (13) SCALE 84 and it has been prayed that the matter be remanded to the Tribunal concerned.