UNITED INDIA INSURANCE CO. LTD Vs. SHANTIBA DHIRUBA

JUDGEMENT

(1.) BY this first appeal, the appellant herein ­ original opponent no.3 has challenged the judgment and award dated 01.04.2003 passed by the learned M.A.C.T.(Auxi), Court No.15, Ahmedabad in M.A.C.P. No.689 of 1996.

(2.) ACCIDENT in question took place on 01.03.1996. Deceased Dilipbhai was going on his scooter No.GBN ­ 7666 along with one pillion rider Bhavanabhai. At about 4.00 p.m., the deceased was proceeding near Jashodanagar Pumping Station on left side of the road with moderate speed, at that time, original opponent no.1 came by his truck No.GRX 5446 in rash and negligent manner in excessive speed, and hit the deceased scooterist on the front side, as a result, the deceased sustained multiple injuries and died in the hospital on the same day. The deceased was of 40 years and was engaged in construction work. The deceased was earning more than Rs.1,00,000/ per year. Therefore, widow of the deceased filed claim petition for compensation of Rs.11,40,000/. The leaned Tribunal by award dated 01.04.2003 partly allowed the claim petition. Against the said award, original opponent no.3 ­ Insurance Company has preferred this appeal.

(3.) THIS Court has gone through the judgment and award dated 01.04.2003 passed by the learned Tribunal together with oral as well as documentary evidence on record.