ORIENTAL INSURANCE COMPANY Vs. ARPANKUMAR VIJAYBHAI PUROHIT

JUDGEMENT

(1.) The present First Appeal, under Sec. 173 of Motor Vehicles Act, 1988, is preferred by the appellant - Insurance Company, being aggrieved and dissatisfied with the judgment and award dtd. 7/10/2013 passed by the Motor Accident Claims Tribunal (Aux.), Vadodara on Motor Accident Claim Petition No. 1904 of 2006, by which the Tribunal has awarded compensation of Rs.4,20,000.00 along with interest at the rate of 9% per annum till the date of realization to the claimants.

(2.) Brief facts of the case are as under:-

(3.) Dr. Rushang Mehta, learned advocate appearing on behalf of Mr. Dakshesh Mehta, learned advocate for the appellant has contended that the Tribunal has erred in awarding amount of compensation by ignoring the material contention raised by the Insurance Company that the involvement of vehicle that means the Motorcycle is doubtful as initially the deceased went to the Sangham Hospital where the medical legal form was issued by that hospital is indicating that the accident has occurred near Subhash Char Rasta between one cow and bike as deceased dashed with the cow and as a result of this, serious injuries were sustained by him and he was admitted to the Sangham hospital. He has further submitted that there is a negligence on behalf of both the vehicles as deceased himself was driving the vehicle and that material aspect has not considered by the Tribunal in proper manner and therefore, on this ground, the appeal is required to be allowed as involvement of vehicle is doubtful and therefore, Insurance Company cannot be held liable to pay the amount compensation.