NATIONAL INSURANCE CO. LTD. Vs. GORDHANBHAI DAMJIBHAI NAKUM

JUDGEMENT

(1.) Heard learned advocate Mr. R.D. Mehta for Mr. Dakshesh Mehta for the appellant Insurance Company and learned advocate Mr. R.C. Kakkad for the original claimants, present opponents Nos. 1 to 4.

(2.) The present appeal is filed by the Insurance company challenging the judgment and award dated 9.12005 rendered by the Motor Accident Claims Tribunal, Jamnagar in Motor Accident Claim Petition No. 801/97. Brief facts of the present case are as under: That on 18.08.97, the deceased Sandipkumar was going on Hero Honda motorcycle bearing registration No.GJ-10-D-2515 from Vadodara to Borsad as a pillion rider and at about 9.00 a.m. when they were near Mahisagar bridge, one tractor-trailer bearing registration No. MH-35-922 came from behind and dashed the Hero Honda motor-cycle, as a result of which Sandipkumar had fallen down and sustained grievous injuries and died on the spot.

(3.) Father, mother, widow and minor son of the deceased filed the claim petition before the Motor Accident Claims Tribunal against the driver and the owner of the tractor-trailer and also against the present appellant Insurance Company. In the said claim petition, it was stated that the age of the deceased Sandipkumar was 23 years at the time of the accident. It was further stated that the deceased was possessing the degree of Bachelor of Engineering which he got in May-June 1996 and he had joined in GSFC as a Chemical Engineer (Shift Engineer Grade II) in July 1997. It was further stated in the claim petition that he had worked for 16 days and got the pay of Rs. 8300/- and therefore, his salary per month would be Rs. 16,000/-. On the basis of such facts, the claimants claimed Rs. 30 lacs with interest and cost.