NEW INDIA ASSURANCE CO. LTD. Vs. PATEL GEETABEN

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 14th March 2007 passed by the Motor Accident Claims Tribunal (Main), Sabarkantha at Himatnagar in M.A.C.P. No. 632 of 2003 thereby the learned Tribunal below allowed the application under section 166 of the M.V. Act, awarding an amount Rs.371,800/- with interest the rate of 7.5% per annum from the date of application till its realisation, with proportionate costs.

(2.) It appears from the records that on 17th April 2003, the deceased was travelling as a pillion rider on motor cycle No. GJ.9.L.413, being driven and owned by the opponent No.1. When the said motor cycle reached the turning on Kishangadh in the sim of village Kishangadh, a dog came in front of the motor cycle, the driver applied sudden brake but due to the excessive speed, rash and negligent driving, the motor cycle came off the road and collided with a tree, and due to the impact, the deceased sustained serious injuries all over his body, to which he later on succumbed during the treatment.

(3.) The aforesaid claim-application was opposed by the Insurance Company thereby denying all the allegations made in the application, and a plea was also taken that at the time of the accident, the ownercum-driver of the motor cycle had no valid licence. The learned Tribunal, as indicated earlier, by the impugned award, has awarded a sum of Rs.3,71,800/-.