NATIONAL INSURANCE CO LTD Vs. ASHWINBHAI YAKUBBHAI SANGADA

JUDGEMENT

(1.) The captioned first appeal is filed by the appellant - insurance company - original respondent No. 3, whereas the cross-objection is filed by the original claimant, against the judgment and award dtd. 16/5/2012 passed in Motor Accident Claim Petition No. 4899 of 2004 (herein after referred to as "the claim petition") by the learned Motor Accident Claims Petition (Aux.), Dahod (herein after referred to as "the Tribunal"). By filing the said claim petition, the original claimant had claimed the compensation in the sum of Rs.3,25,000.00 as against that, the Tribunal has awarded the compensation to the tune of Rs.63,788.00 holding the opponents in the claim petition jointly and severally liable to pay the compensation. Therefore, the insurance company has filed the appeal challenging the liability whereas, the original claimant has filed the cross-objection for enhancement of compensation.

(2.) Since the facts of the accident are not in dispute, the Court deems it proper not to detail the same. Least is to observe that in an accident that had occurred on 9/9/2001, when the original claimant was travelling in a chhakdo rickshaw, and the driver lost the control and the said chhakdo rickshaw turned turtle due to which, the original claimant sustained injuries, for which, he filed the above-referred claim petition in which, the learned Tribunal has passed the above award.

(3.) Heard, learned advocate Mr. H. G. Mazmudar for the appellant and learned advocate Ms. Sneha Joshi for the cross- objector.