LAWS(GJH)-2013-2-51

HARISINH LAXMANSINH RAJ Vs. DELETED

Decided On February 05, 2013
Harisinh Laxmansinh Raj Appellant
V/S
DELETED Respondents

JUDGEMENT

(1.) THIS appeal is at the instance of a claimant for compensation under section 166 of the Motor Vehicle Act and is directed against an award dated 17th April, 2007 passed by the Motor Accident Claim Tribunal (Main), Anand in MACP No.2336 of 2006, thereby partly allowing the application for compensation and awarding a sum of Rs.1,54,000/- with interest at the rate of 7.5% per annum from the date of filing of the claim petition till realization. The owner, driver and insurer of the offending vehicle i.e. truck was directed to pay the said amount.

(2.) IT appears from the record that initially, the claim application was filed by the victim himself, thereby praying for compensation for the injury suffered by him in course of his employment when he was driving a Swaraj Mazda tempo, a truck coming from opposite direction collided with the said vehicle, as a result, the victim was seriously injured and was hospitalized. In course of next seven months, the victim was operated twice and ultimately, succumbed to the injury on 20th January, 1997.

(3.) IN spite of service of summons, the owner and driver of the offending vehicle did not contest, but the proceeding was contested by the insurer of the offending truck. The insurer of the Swaraj Mazda tempo also contested the proceedings.