ORIENTAL INSURANCE CO LTD Vs. NANDUBA KHODUSINH ZALA

JUDGEMENT

(1.) THIS appeal by original opponent No.2 The Oriental Insurance Company Ltd. has been filed under Sec.173 of the Motor Vehicles Act, 1988 being aggrieved and dissatisfied with the judgment and award dated 31 7 1999 passed by the Motor Accidents Claims Tribunal (Main), Mehsana, in MACP No.651 of 1990 awarding compensation of Rs.2,80,000/ to the claimants to be recovered from the original opponent Nos.1 and 2 with interest @ 15% per annum from the date of claim petition till realisation.

(2.) FACTS in short are that claim petition under Section 166 of the Motor Vehicles Act, 1988 was filed by heirs and legal representatives of deceased Khodusinh Fatehsinh Zala claiming Rs.5,00,000/ as compensation for death of the deceased which is caused in an accident which is alleged to have occurred on 26 11 1989 near kachchha road leading to Gokalgadh. It was contended that the deceased along with his friend Prahladbhai Shivrambhai Prajapati was going in the tractor driven by its driver Thakor Chehenaji Lakhaji which was owned by the deceased for buying battery for the tractor and due to rash and negligent driving of driver, the tractor turned turtle causing fatal injuries to the deceased.

(3.) BASED on the pleadings of the parties, necessary issues for determination were framed by the Tribunal. 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.