ORIENTAL INSURANCE CO. LTD Vs. MERAMAN DANA HARIJAN

JUDGEMENT

(1.) The present appeal is filed by the Oriental Insurance Company Limited against the judgment and award dtd. 6/10/2006 passed by the learned Motor Accident Claims Tribunal (Aux) Fast Track Court No.4, Gadhidham- Kutchchh in M.A.C.P. No.441 of 1999 whereby the learned Tribunal has partly allowed the claim petition by awarding Rs.4,16,000.00 with the interest @ 9% and held both the insurance companies as 50% liable to pay the compensation to the claimants.

(2.) The brief facts giving rise to the present First Appeal are as under:

(3.) Mr. Maulik J. Shelat, learned advocate for the appellant Oriental Insurance Company Limited has submitted that the appellant has challenged the impugned order mainly on the ground that the learned Tribunal has committed an error while fastening the liability on the appellant Insurance Company overlooking the fact that the deceased was travelling in the goods vehicle and the accident is prior to the date of amendment and therefore, the learned Tribunal has committed a grave error. It is also further contended that the learned Tribunal has not considered the decision of the Hon'ble Apex Court in the case of New India Assurance Company Limited vs. Asha Rani and others reported in 2003 (2) SCC 223 and therefore, the impugned judgment and award is erroneous and bad in law. It is also further contended that the policy of the vehicle involved in the accident namely the Tempo bearing Registration No. GRP 5506, no extra premium was paid by the owner of the vehicle and therefore, no additional coverage or risk is covered by the present appellant insurance company. It is also contended that the accident was took place on 9/1/1994 prior to the date of amendment and therefore, also present appellant insurance company is not held liable to pay compensation. It is also further contended that so far as the liability of both the vehicles is concerned, the Tribunal has committed an error by coming to a conclusion that both the drivers are equally responsible and negligent for the accident.