LAWS(GJH)-2013-11-19

NATIONAL INSURANCE COMPANY LTD Vs. DINESHKUMAR BHAICHANDBHAI PATEL

Decided On November 22, 2013
NATIONAL INSURANCE COMPANY LTD Appellant
V/S
Dineshkumar Bhaichandbhai Patel Respondents

JUDGEMENT

(1.) BY this first appeal, the appellant herein ­ original opponent no.6 ­ Insurance Company has challenged the judgment and award dated 23.10.2012 passed by the learned M.A.C.T.(Auxi.), Sabarkantha at Modasa in M.A.C.P. No.860 of 2005.

(2.) ACCIDENT in question occurred on 19.04.2005. Accident took place between motorcycle which was driven by the deceased and bus of the S.T.Corporation. In this accident, deceased Pinkeshbhai, who was aged 21 years, lost his life. Therefore, parents of the deceased filed claim petition for getting compensation of Rs.7,00,000/ against the respondents. After recording evidence, learned Tribunal by judgment dated 23.10.2012 partly allowed the claim petition and awarded compensation of Rs.3,26,000 in favour of the original claimants. Against the said award, original opponent no.6 has preferred this appeal.

(3.) THIS Court has gone through the judgment and award dated 23.10.2012 passed by the learned Tribunal together with oral as well as documentary evidence on record.