ORIENTAL INSURANCE COMPANY LIMITED, (SUBSIDIARY OF GENERAL) Vs. HEIRS & LEGAL REPRESENTATIVE OF DECEASED GOVABHAI CHATURBHAI & 2 ORS.

JUDGEMENT

(1.) HEARD learned advocates for the parties and perused the papers on record. The appellant insurance company has challenged the award dated 29.01.2010 passed by the Motor Accident Claims Tribunal (Aux), Dhrangadhra in Motor Accident Claims Petition No. 810 of 1998 (New) whereby the Tribunal has directed the opponents to pay compensation of Rs. 1,56,680/ - along with interest at the rate of 9% per annum from the date of claim petition till realisation.

(2.) THE claimant who is the brother of deceased - Govabhai Thakore filed claim petition to the tune of Rs. 5,00,000/ - seeking compensation in respect of death of Govabhai in a vehicular accident which occurred on 10.05.1997 when he was travelling in a mini luxury bus bearing registration No. GRM 9013 which driven by original opponent No. 1 in a rash and negligent manner. The Tribunal after hearing the parties passed the aforesaid award.

(3.) AS a result of hearing and perusal of records, this court is of the view that considering the evidence on record and the facts and circumstances of the case, the Tribunal came to the conclusion that the accident happened as a result of the rash and negligent driving of the original opponent No. 1. Nothing is pointed out before this Court to take a contrary view. Even otherwise the original opponents Nos. 1 & 2 have failed to file appearance before the trial court and therefore the trial court proceeded ex parte against them.