UNITED INDIA INSURANCE CO LTD Vs. GOVINDBHAI BHAVANBHAI

JUDGEMENT

(1.) THIS appeal has been filed by original opponent No.3 - United India Insurance Company under Sec.173 of the Motor Vehicles Act, 1988 being aggrieved and dissatisfied with judgment and award dated 4 -1 -1997 passed by the Motor Accidents Claims Tribunal (Main), Bhavnagar, in MACP No.474 of 1994 awarding compensation of Rs.9,15,000/ - to be paid to the claimants by the opponents jointly and severally with interest @ 12% per annum from the date of claim petition till realisation if the amount is deposited within a period of six months failing which, interest payable shall be @ 15% per annum from the date of claim petition till realisation with proportionate cost.

(2.) FACTS in short are that a claim petition was filed by heirs and legal representatives of deceased Himatbhai Govindbhai initially claiming compensation of Rs.10,00,000/ - which was thereafter raised to Rs.20,00,000/ - for death of the deceased which is caused in an accident which is alleged to have occurred on 16 -7 - 1994 at about 7.30 a.m. near Village Jaliya on Rajkot - Bhavnagar State Highway. It was contended that the deceased was travelling as a passenger in Luxury Bus No.GJ -14 -T -149 from Rajula to Surat and when the said bus reached near Jaliya, the driver of the said bus suddenly applied brake due to which, the deceased was thrown off from the bus causing fatal injuries to the deceased.

(3.) UPON the summons being served, opponent Nos.1 and 2 did not file any written statement though duly served. Opponent No.3 -United India Insurance Company Ltd., however, filed written statement denying the contents of the claim petition. It was denied that accident occurred due to rash and negligent driving of luxury bus driver. It was contended that the driver was driving the vehicle in contravention of conditions of policy and hence, insurer was not liable to pay any compensation.