NATIONAL INSURANCE CO. LTD. Vs. MANJULABEN BATUKBHAI MAGATPARA

JUDGEMENT

(1.) THIS appeal under section 173 of the Motor Vehicles Act is at the instance of an Insurance Company and is directed against an award dated 2nd January 2006 passed by the Motor Accident Claims Tribunal [Aux.], Rajkot, in M.A.C.P. No. 542 of 2004 thereby awarding a sum of Rs. 5,38,200/ - with interest at the rate of 9% per annum from the date of filing of the claim -petition till realization with a direction that the Insurance Company is jointly and severally liable to pay the amount along with the owner of the offending vehicle.

(2.) THE grievance of the claimants was that the deceased, Batukbhai Bavjibhai Magatpara, was a pillion rider on Bajaj Motor Cycle bearing registration No. GJ.3H.4530 which was driven by the brother of the deceased, Govindbhai Bavjibhai. According to the claimants, when they reached on Atkot Jasadan Road, the offending Tractor No. GJ.3K.9425 came in a rash and negligent manner and on the wrong side of the road and collided with the motor cycle, as a result, the deceased sustained serious injuries and later on, succumbed to the injuries.

(3.) THE learned Tribunal below, on consideration of the evidence on record, came to the conclusion that the driver of the motor cycle lodged the FIR against the driver of the Tractor, and the Insurance Company of both the motor cycle and the tractor being the same, it was the driver of the tractor who was solely negligent according to the version of the scooter driver.