NATIONAL INSURANCE CO LTD Vs. SURESHBHAI AMARSHIBHAI PRAJAPATI

JUDGEMENT

(1.) THIS appeal is filed being aggrieved and dissatisfied by the judgment and award dated 12.7.2010 passed in Motor Accident Claim Petition No.843 of 1999 by the learned Motor Accident Claims Tribunal (Aux.), Fast Track Court, Surendranagar.

(2.) AS per the case of the claimants, the accident took place between two trucks bearing nos.GJ-13T-6066 and GJ-17X-2373 and the respondent no.1-original claimant received injuries on various parts of the body and so respondent no.1-original claimant filed claim petition being M.A.C.Petition No.843 of 1999. After recording the evidence, the Tribunal has partly allowed the claim petition and passed order to pay compensation of Rs.92,120/- with running interest @9% per annum from the date of filing the application against the opponents no.1,2,4 and 5. The original opponent no.3-respondent no.4 herein- The New India Insurance Company Limited is exonerated by the learned Tribunal. Hence, this appeal is filed by the original opponent no.5-National Insurance Company Limited.

(3.) LEARNED advocate Mr.Purohit appearing for Mr.Gateshaniya for the respondent no.1 fairly submitted that notice or summons was not served to the appellant-National Insurance Company Limited.