ORIENTAL INSURANCE CO. LTD Vs. MERAJBHAI DAUDBHAI

JUDGEMENT

(1.) By way of this appeal, the appellant-original Opponent No. 3 has challenged the judgment and award dated 08.04.2004 passed by the Motor Accident Claims Tribunal (Auxiliary), Surendranagar at Dhrangadhra in Motor Accident Claim Petition No. 190 of 2002, whereby the Tribunal has awarded compensation in the sum of Rs. 4,14,000/- to the claimant with interest at the rate of 9% per annum from the date of filing of the petition till realization.

(2.) The brief facts leading to filing of this appeal are that the unfortunate accident took lace on 28.07.2002 at about 12:15 A.M. on Shankheshwar- Mandal Road between Panva and Panchasar on account of dashing Truck bearing Registration No. GJ-24-U-396 with a stationary Truck bearing Registration No. G.I-2-V-4511. That on the day of accident, the deceased-Bhikhubhai Merajbhai was going with a Truck No. GJ-2-V-4511 in capacity of its cleaner and during night hours, when the truck reached near scene of accident, the right rear wheel of the truck was punctured and hence the Opponent No. 2 stopped down the said truck on the road. It is also the case of the appellant that on account of having punctured the rear wheel of the truck deceased-Bhikhubhai was setting jack for the purpose of repairing puncture and at that time, the driver of the Truck No.GJ-24-U-396 suddenly came from backside along with a Truck No. GII-24-U-396 with full speed and also in rash and negligent manner and dashed his truck with the stationary Truck No. GJ-2V-4511 which resulted into serious accident in which the deceased-Bhikhubhai died on the spot. At the time of accident, the deceased-Bhikhubhai was 20 years old and he was hale and hearty and was serving as a cleaner With a Truck No. GJ-2-V-4511 from which he was earning Rs. 2,000/- per month by way of his salary. Therefore, he filed claim petition being Claim Petition No. 190 of 2002 before the Tribunal. The Tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petition and passed the award as stated herein above against which the present appeal is filed by the appellant-original Opponent No. 3.

(3.) The learned Counsel for the appellant has raised various contentions. He submitted that the Tribunal erred in passing the impugned judgment and award. The tribunal failed to appreciate the material on record in its true perspective. The amount awarded by the Tribunal is highly exaggerated, and therefore, he has prayed to allow the present appeal.