ORIENTAL INSURANCE COMPANY LTD Vs. ARUNBHAI SHAMBHUBHAI PRAJAPATI

JUDGEMENT

(1.) Being dissatisfied with the fastening of the liability to pay the amount of compensation awarded by the Mehsana, MACT (Aux.), the Oriental Insurance Company Limited has filed the present appeal, to set aside the findings so far liability part is concerned.

(2.) On 23/10/2003 the claimant Arun Shambhubhai along with his brother Ashok Shambhubhai, met with an accident, as a result of which being a pillion of Suzuki bike, he sustained fracture injuries resulting into permanent disablement. The claim Tribunal, Mehsana (MACP No.1380 of 2003), after considering the oral as well as documentary evidence by allowing claim petition, awarded the amount of compensation of Rs.64,900.00 with interest at the rate of 7.5% and the appellant Insurance Company was directed to pay the amount of compensation. The appellant Insurance Company had raised the technical issue of liability, inter alia stating that the applicant being owner of the vehicle cannot claim any amount of compensation against his Insurance Company. The learned Tribunal did not consider the defence set up by the Insurance Company and directed to pay the amount of compensation to the claimant.

(3.) In the aforesaid facts, the Insurance Company of the bike, i.e. the Oriental Insurance Company Limited has preferred appeal under sec. 173 of the Motor Vehicles Act.