ORIENTAL INSURANCE COMPANY LTD Vs. PATEL SURESHBHAI ISHWARDAS

JUDGEMENT

(1.) The present First Appeal under Sec. 173 of Motor Vehicles Act, 1988 is preferred by the Insurance Company being aggrieved and dissatisfied with the judgment and award dtd. 6/4/2011 passed by learned Motor Accident Claims Tribunal (Main), Patan in Motor Accident Claim Petition No. 4301 of 2002 (Old No.325/2001), by which the Tribunal has awarded Rs.52,600.00 with 7.5 % interest per annum to the claimant-respondent No.1 herein.

(2.) Brief facts of the case are as such that, on 15/10/1999 when he was going in the tractor bearing registration No. GJ-2-L-2983 in the morning at about 10:15 a.m. and reached near Veniyawala field in the Sim of village Gangalasan, Taluka Siddhpur, District Patan, the claimant had fell down from the tractor due to rash and negligent driving of the driver of the tractor i.e. respondent No. 2 herein. Thereafter, the claimant has received serious injuries in his left thigh, in the right knee and also on the back and therefore, he has received the treatment by Dr. Rajesh Bhargav, who has performed the operation. Thereafter, the claimant has filed a claim petition to get the compensation of Rs.1.00 lakh as the claimant was earning Rs.3,000.00 per month and claimant was aged about 30 years old at the time of accident.

(3.) Being aggrieved and dissatisfied with the award, the Insurance Company has filed the present appeal, mainly on the ground that the claimant was travelling in the tractor and trailor and therefore, liability of the insurance cannot be fastened.