NATIONAL INSURANCE COMPANY LTD. Vs. YOGESHKUMAR HATHISINH CHAVDA

JUDGEMENT

(1.) The insurance company is in appeal in connection with the judgment and award dtd. 24/7/2017 in M.A.C.P.No. 1082 of 2015 by Motor Accident Claim Tribunal (Aux.), Nadiad. The appeal is preferred on several grounds including the income assessed of the deceased and the dependency of the claimant on the deceased.

(2.) However, during the course of argument, learned advocate for the appellant has pointed out that the Tribunal has committed an error in exonerating the respondent Nos.4 and 5, who are shown to be the owner and insurer of the Trolley attached to the Tractor and involved in the accident. It is submitted that the Tractor and the Trolley is a composite part of the vehicle and cannot be segregated. He relied upon the decision of this Court in the case of United India Insurance Company Limited v/s. Manjulaben Pursshottamdas Patel & Ors, reported in 1994 (1) GLR 269 in this regard.

(3.) Learned advocate appearing for the respondent-claimant has submitted that the award of the Tribunal need not to be interfered with as the correct parameters have been applied while assessing the claim of the respondent-claimant.