HARUN HUSSAIN TRANSPOSED Vs. KUNDABEN NARENDRA KUMAR

JUDGEMENT

(1.) BOTH these Appeals arise from the judgment and award dated 30.04.1996 passed by the Motor Accident Claims Tribunal (Special) Rajkot at Gondal ("the Tribunal" for short) whereby the original claimants have been awarded compensation of Rs.10,90,000/ with the interest at the rate of 12% per annum. The First Appeal No.3132 of 1996 has been filed by original opponent No.5 of Motor Accident Claim Petition along with National Insurance Company whereas the First Appeal No.5287 of 1996 has been filed by original opponent Nos.1 and 2 along with the New India Assurance Company Ltd.

(2.) THE short facts of the case appear to be that accident has taken place on 09.02.1990 on JetpurJunagadh Highway at about 030 hours at midnight, when the deceased Narendrakumar was coming back from Rajkot to Manavadar with the offending Jeep bearing No.GJP1293. The opponent No.1 had parked his truck on the road side without any reflectors or any sign showing that the alleged truck bearing No.GTY6867 was parked on the road. The opponent No.1 had parked the said truck in a manner so as to put human life in danger. Due to the alleged accident, the deceased was admitted in Jetpur Government Hospital and thereafter he was shifted to Junagadh where he died.

(3.) WE have considered the judgment and reasons recorded by the Tribunal and perused the record and proceedings.