NATIONAL INSURANCE COMPANY LTD Vs. VASUDEVBHAI AMRUTLAL PATEL

JUDGEMENT

(1.) 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. 6/11/2009 passed by the Motor Accident Claims Tribunal (Aux.), Gandhinagar in Motor Accident Claim Petition No.46 of 1998, by which the Tribunal has awarded compensation of Rs.4,50,000.00 with 7.5% per annum interest to the claimant, holding Opponents i.e. driver, owner and insurance company of the truck liable, jointly and severally.

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

(3.) Learned advocate Mr. Maulik Shelat for the appellant - insurance company has submitted that the Tribunal has erred in not considering the fact that there is a negligence on the part of the scooterist as scooter dashed with the back side of the truck, which is admitted by the claimant himself in the F.I.R. He has submitted that the Tribunal ought to have considered the negligence of both the vehicles 50:50. He has submitted that the claimant has failed to prove his monthly income before the Tribunal. He has submitted that the Tribunal ought to have considered notional income of the claimant. He has submitted that the Tribunal has not properly considered the disability of the claimant. He has submitted that the Tribunal has rightly awarded compensation to the claimant under various heads. He has submitted that the appeal filed by the insurance company may be allowed and cross-objection filed by the claimant may be dismissed.