NATIONAL INSURANCE COMPANY LIMITED Vs. SURTANSINH PRATAPSINH RAHEVAR

JUDGEMENT

(1.) Feeling aggrieved and dis-satisfied by the judgment and award dtd. 26/6/2009, passed by the Motor Accident Claim Tribunal (Main) at Sabarkantha @ Himmatnagar in MACP No.102/2004, this appeal is filed by the appellant (original opponent No.3-National Insurance Company) under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter referred as "the Act").

(2.) The following facts emerge from record of the appeal:

(3.) For the said accident, the original claimants filed claim petition under Sec. 166 of the Act claiming compensation of Rs.5.00lakhs. The Tribunal after hearing the parties and upon appreciation of evidence had decided the issues as under: