ORIENTAL INSURANCE CO. Vs. RAMJIBHAI GOVINDBHAI PATEL

JUDGEMENT

(1.) Present First Appeal under Sec. 173 of the Motor Vehicles Act, 1988 is directed against order dtd. 10/12/2004 passed by learned Chairman, Motor Accident Claims Tribunal (Aux.) Bhavnagar in Motor Accident Claims Petition No.97 of 1994.

(2.) Background of facts which has given rise to present First Appeal is that on 12/11/1993, deceased Ramjibhai Govindbhai Patel was siting behind Rajdoot Motorcycle bearing registration No.GJ 4B 9006 driven by Odhabhai Hamabhai Patel. Both were going for the purpose of purchasing to Botad. At about noon hours, when they came on the road side, near Botad Ningala road, at about 3.30 p.m. in the noon hours, nearby Pati village, one another Tempo was driven being GRO 4708 was driven by other driver and near said village, both motorcycle and tempo came to be collided, as a result of that, entry was made before Botad Police Station being entry No.226 of 1993 and an offence was registered against Bhagwanbhai Kalyanbhai Patel under Ss. 279 , 337 , 338 , 304A of the Indian Penal Code and Ss. 177 and 184 of the Motor Vehicles Act. Involved vehicle tempo was belonging to opponent Nos.1 and 2 as driver and owner respectively. Whereas, motorcycle in question was driven Odhabhai Hamabhai Patel (opponent No.5 ) and he had insured the vehicle of Rajdoot.

(3.) On account of such incident, claim petition came to be filed claiming compensation, but then during passage of time, applicant Ramjibhai Govindbhai Patel died on account of injuries on 7/5/2001 and as such, his wife and sons were joined as applicants for claim which was sought for to the extent of Rs.8.00 lakh with 18% interest and costs.