ORIENTAL INSURANCE CO.LTD Vs. PREMILABEN RAMESHBHAI PATEL

JUDGEMENT

(1.) THESE appeals have been filed by the original opponent No.3-M/s Oriental Insurance Company Ltd. being aggrieved and dissatisfied with the judgment and award dated 9-11-2006 passed by the Motor Accidents Claims Tribunal(Aux.) and Presiding Officer, Fast Track Court No.12, Baroda in MACP Nos.2030 of 1998, 2426 of 1998 and 1960 of 1998 respectively.

(2.) THE accident in question occurred on 28-7-1998 at about 11.50 a.m. when the motor vehicle No.GJ-17E-629 driven by the deceased Vijaykumar (MACP No.1960 of 1998) in which deceased Dharmeshbhai (MACP No.2030 of 1998) and injured Ganshyambhai (MACP No.2426 of 1998) were pillion riders reached Village Machalipura on the way from Vadodara to Halol, a Matador No.GJ-6U-1331 coming from opposite direction collided with the said motor cycle causing fatal injuries to the deceased and injuries to the claimant and, therefore, heirs and legal representatives of the deceased as well as the injured claimant filed the claim petitions claiming Rs.5,00,000/- each as compensation. Upon issuing summons and upon hearing the learned advocates appearing for the respective parties and considering the oral as well as documentary evidence on record, the impugned common judgment and award was passed by the Tribunal.

(3.) AS far as First Appeal No.2428 of 2007 arising from MACP No.2030 of 1998 is concerned, considering the age of the deceased as 19 years, his income and other documentary evidence, in view of the judgment of Hon'ble Supreme Court in the case of Sarla Verma Vs. Delhi Transport Corporation reported in (2009)6 Supreme Court Cases page 121, in the opinion of this Court, the claimants are entitled to a total compensation of Rs.4,00,000/- instead of Rs.5,00,000/-.