NATIONAL INSURANCE COMPANY LIMITED Vs. RAMESH N DHAYANI

JUDGEMENT

(1.) This appeal has been filed by the original opponent No.2-National Insurance Company Ltd. under Sec.173 of the Motor Vehicles Act, 1988 being aggrieved and dissatisfied with the judgment and award dated 11-3-2011 passed by the Motor Accidents Claims Tribunal(Aux.), Kutch at Bhuj, in MACP No.499 of 2004.

(2.) Facts in short are that claim petition was filed by heirs and legal representatives of deceased minor girl Krushnaben Ramesh Dayani claiming compensation for death of the deceased which is caused in an accident which occurred on 4-6-2004 at 1530 hours. It is inter alia contended that the deceased was travelling in chakdo rickshaw No.GJ-15-AX-8400 and when the said rickshaw reached Nalia-Mandvi road, a trailor-truck No.GJ-1-AT-943 coming from the opposite direction in a rash and negligent manner dashed with the rickshaw causing fatal injuries to the deceased. After hearing the learned counsel for the parties and considering the oral as well as documentary evidence on record, the impugned award was passed by the Tribunal.

(3.) I have heard learned advocate, Mr.Maulik J.Shelat for the appellant and have also taken into consideration oral as well as documentary evidence. Though notice of rule was duly served on the original claimants, they did not appear either personally or through advocate.