NATIONAL INSURANCE CO. LTD. Vs. VANITABEN

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and award dtd. 7/7/2006 passed by the Motor Accident Claims Tribunal (Main), Anand (hereinafter be referred to as "the Tribunal") in M.A.C.P. No.976 of 2006 (old M.A.C.P. No.98 of 1993), the appellant - opponents no.2 and 4 has preferred the present appeal.

(2.) Brief facts of the present case are that on 28/5/1991, the husband of claimant no.1 was going from Vaghasi to Nadiad on scooter of opponent no.1 as pillion rider, at that time, opponent no.1 was driving the said scooter in rash and negligent manner with excessive speed and at about 6.00 p.m., in the sim of Village: Gamadi, opponent no.3 came driving Tempo bearing registration No.GJ-07-4572 in rash and negligent manner dashed behind the scooter, as a result of which, the husband of the claimant no.1 sustained injury and succumbed to the injury. Hence, the legal heirs of the deceased have preferred the said claim petition before the Tribunal, whereby the Tribunal has partly allowed the claim petition and awarded compensation of Rs.1,93,000.00 against the compensation of Rs.3,00,000.00.

(3.) Heard Mr.V. C. Thomas, learned counsel appearing for the appellant, Mr.Emik Parmar, learned counsel appearing for respondent No.1 and Mr.Manish Patel, learned counsel appearing for respondent No.5. Though served, nobody appears on behalf of respondents no.2and 3.