ORIENTAL INSURANCE CO LTD Vs. MANJULABEN BABUBHAI PAREKH

JUDGEMENT

(1.) BY way of filing this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellant ­ insurance company has challenged the judgment and order dated 25 th September 2009 passed by the learned Motor Accident Claims Tribunal at Vadodara in MAC Petition No.873 of 2007 whereby the Tribunal has partly allowed the claim petition filed by the claimants.

(2.) THE short facts of the present appeal are that on the date of the incident i.e. on 9th May 2007 the deceased Jitendra was riding motor cycle bearing No.GJ-6-AM 2637 for going from Vadodara to Rajpardi and when he reached Kaliyapura Patiya he lost control over his bike and therefore fell down from the motorcycle due to which he sustained fatal injuries. He was removed to Bharuch Civil Hospital and thereafter he was shifted to SSG Hospital, Vadodara where, during the course of treatment, he died. The claimant, mother of the deceased, therefore, filed claim petition claiming the compensation of Rs.4,36,167.

(3.) HEARD learned counsel for the appellant and perused the record.