NATIONAL INSURANCE CO LTD Vs. KOLI BHAYABHAI RAJSIBHAI

JUDGEMENT

(1.) This First Appeal is at the instance of the Insurance Company and is directed against an Award dated April 23, 1993, passed by the Motor Accident Claims Tribunal, Junagadh, ["Tribunal"] in Motor Accident Claim Petition No. 193 of 1986, by which the Tribunal disposed of the said application for compensation by awarding a sum of Rs. 1,40,000/- with interest at the rate of 12% per annum from the date of filing of the application till deposit with proportionate costs.

(2.) Being dissatisfied, the insurer of the offending vehicle has come up with the present Appeal.

(3.) There is no dispute from the evidence on record that on November 3, 1985, while the victim was traveling on the motorcycle as a pillion rider, due to the negligence on the part of the motorcycle driver, an accident occurred. In the said accident, no other "motor vehicle" within the meaning of Motor Vehicles Act was involved. It appears from the materials on record that the owner of the said motorcycle had a comprehensive insurance agreement with the appellant in respect of the said vehicle, which commenced from September 23, 1985 and ended on September 22, 1986. Therefore, admittedly the accident occurred during the validity of the said insurance policy.