NATIONAL INSURANCE COMPANY Vs. LAXMIBEN RAMANBHAI PATEL

JUDGEMENT

(1.) The present First Appeal under Sec. 173 of the Motor Vehicles Act, is directed against the award dtd. 17/11/2009 passed by the Motor Accident Claims Tribunal (Aux.), Fast Track Court, Navsari, camp at Vansda in Motor Accident Claim Petition No. 55 of 2004. The appellant - Insurance Company who is original respondent no. 3 has come out with the present appeal, mainly on the ground that at the relevant point of time when the accident took place the person driving the vehicle in question was not holding a license and as such, the Insurance Company cannot be held responsible for the payment of compensation.

(2.) The brief background of the facts is that on 12/12/2002, injured Laxmiben was standing at 'Hanuman Falia' at Vandervela. At that point of time, original opponent no. 1 - Nitinbhai Thakorebhai Patel had negligently driven vehicle Tata Sumo bearing registration no. GJ-6-AA-8202 belonging to opponent no. 2 and while taking the vehicle in reverse, has dashed Laxmiben, who sustained serious injuries. On account of such accident, a complaint was registered against opponent no. 1 before Vansda Police Station being C.R. No. I-104 of 2002. On account of such serious injuries, in a gradual process injured Laxmiben suffered serious health issues and on account of such injuries, permanent disability has taken place and in gradual process, Laxmiben had to suffer a lot. As a result of this, for the purpose of claiming compensation, a claim petition was submitted for seeking compensation to the extent of Rs.4.00 lakhs. It has been pointed out that the said claim petition was registered as Motor Accident Claim Petition No. 55 of 2004 before the learned Tribunal, Fast Track Court, Navsari. But during the said claim petition, since the deceased succumbed to the injuries and died, the legal heirs and representatives were brought on record being applicant nos. 1/1 to 1/3.

(3.) The appeal was admitted in the month of May, 2010 and after completion of the process, it has come up for consideration before this Court in which, learned advocate Mr. Rushang D. Mehta appeared on behalf of the appellant - Insurance Company whereas, Mr. Varun Z. Bharda, learned advocate has appeared on behalf of the opponents.