ORIENTAL INSURANCE CO. LTD Vs. PANCHAM KIRITKUMAR BHAVSAR

JUDGEMENT

(1.) THE present appeal is directed against the judgement and award passed by the Tribunal in MACP No.105 of 2004, whereby the Tribunal has awarded compensation of Rs.30,95,000/- with the interest at the rate of 9% per annum.

(2.) THE short facts of the case are that on January 21, 1991, the deceased Dr.Kirtikumar Jaswant Bhavsar was coming in Car from Bombay to Valsad and when he reached near Pancharkjhapad on Bombay-Ahmedabad highway, a motor lorry bearing Registration No.MH-04-C-2374 suddenly came from Valsad side from opposite and the control over the lorry was lost by the driver and it came on the wrong side and dashed against the car of the deceased. Such resulted into serious accident and the deceased was injured and ultimately he succumbed to the injury. Initially the claim petition was filed being MACP No.105 of 2004 by the parents of the deceased and the minor son for the compensation of Rs.15 lac. Thereafter, the widow of the deceased was joined as party ­ claimant and the proceedings were also transferred from Thane, Maharashtra to Valsad, Gujarat. The Claim Petition was amended and the compensation amount claimed ultimately was of Rs.40 lac. The Tribunal, at the conclusion of the claim petition, passed the above referred judgement and award. Under these circumstances, the present appeal before this Court.

(3.) THE first contention raised by the learned Counsel appearing for the appellant was on the aspect of negligence. It was submitted that the Tribunal has committed error in holding negligence of the driver of the vehicle, which was insured with the appellant. He submitted that as there was head on collision, it was the case where contributory negligence ought to have been fixed by the Tribunal. Since the said aspect has not been properly considered by the Tribunal, this Court may consider in the appeal.