ORIENTAL INSURANCE COMPANY LIMITED Vs. SOLANKI SITABEN

JUDGEMENT

(1.) This Appeal is filed under Sec. 173 of the Motor Vehicles Act, 1988 challenging the judgment and award passed by the Motor Accident Claims Tribunal (Auxiliary), Sabarkantha at Himatnagar dtd. 25/3/2019 in MACP No.358 of 2007 whereby respondents nos.1 to 6 - original claimants were awarded compensation for the death of Kodarsinh Amarsinh to the tune of Rs.8,71,955.00 with interest at the rate of 7.5% per annum from the date of application till realization.

(2.) The brief facts, as narrated in the impugned judgment and award, are as under:

(3.) Ms. Karuna Rahevar, learned advocate for the appellant, submitted that the Rickshaw, which was stationary on the road, did not dash the Motorcycle driver but because of rash and negligent driving it dashed with a person standing on the rear of Rickshaw checking smoke emission, and therefore, the Rickshaw driver cannot be held responsible for the accident. Because of accident with a man checking emission of smoke on the rear side of Rickshaw, Motorcycle driver - deceased fell down on the road and received injuries. As such, there is no collision between Rickshaw and Motorcycle. Therefore the owner and the Insurance Company cannot be held to be responsible for any negligence and it is only and only negligence on the part of the Motorcycle driver, and therefore, the appellant alongwith the insured could not be held jointly and severally liable to pay compensation, as aforesaid.