UNITED INDIA INSURACNE CO. LTD Vs. NAVALBEN

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the common judgment and award dtd. 5/7/2005 passed by the Motor Accident Claims Tribunal, (Main), Gandhinagar (hereinafter referred to as "the Tribunal") in M.A.C.P. No.1449 of 1992 and M.A.C.P. No.1479 of 1992, the appellant - Insurance Company has preferred First Appeal No.4725 of 2006 under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act") arises out of M.A.C.P. No.1449 of 1992 wherein one Veljibhai Dalsingbhai Chaudhari succumbed to the fatal injury sustained in the accident, whereas, First Appeal No.4726 of 2006 arises out of M.A.C.P. No.1479 of 1992 wherein Ishwarbhai Motibhai Chaudhari sustained injury in the accident.

(2.) The same set of facts was adduced before the Tribunal and the Tribunal has heard both the claim petitions together and so also, the present appeals are heard together and disposed of by this common judgment and order.

(3.) The facts of the present case are that the accident took place on 17/7/1992 at about 9.30. p.m. That the deceased and the injured were travelling with vegetables in Matador bearing registration No.GJ-03-T-2369 and were proceedings towards the Ahmedabad. That the matador involved in the accident, which was transport vehicle, when reached near Radheja Crossing, got turned turtle because of rash and negligent driving of the driver of the vehicle, as a result of which, the deceased was admitted in the hospital and ultimately succumbed to the fatal injury, whereas the injured sustained injury. The M.A.C.P. No.1449 of 1992 was filed by the claimants claiming compensation of Rs.30,00,000.00, whereas, M.A.C.P. No.1479 of 1992 was filed by the injured claiming compensation of Rs.5,00,000.00. The oral as well as documentary evidence led before the Tribunal and the Tribunal partly allowed M.A.C.P. No.1449 of 1992 and awarded a sum of Rs.5,00,000.00 along with 7.5% interest from the date of filing of the claim petition till its realization, whereas, the Tribunal partly allowed M.A.C.P. No.1479 of 1992 and awarded a sum of Rs.2,00,000.00 along with 7.5% interest from the date of filing of the claim petition till its realization. Being aggrieved by the same, the present appeals are filed by the Insurance Company.