NATIONAL INSURANCE COMPANY LTD. Vs. URMILABEN ASHOKBHA PATEL

JUDGEMENT

(1.) LEARNED counsel Mr.Maulik Shelat for the Insurance Company waived notice in the Cross -Objections filed by the respondents, original claimants.

(2.) THE First Appeal is filed by the Insurance Company challenging the judgment and award of the Motor Accident Claims Tribunal, Ahmedabad dated 21.3.2014 passed in Motor Accident Claims Petition No.75/05.

(3.) BRIEF facts are that on 15.11.2004 one Ashokbhai Sendhabhai Patel while crossing a road was hit by a motor car which was insured by the appellant Insurance Company. The accident proved fatal. The claimants i.e. widow and two children of the deceased filed the above noted claim petition seeking compensation of Rs.30 lacs from the driver, the owner and the Insurance Company of the vehicle. The Tribunal in the impugned judgment and award allowed compensation of Rs.13,07,790/ - to be recovered with proportionate costs and interest at the rate of 9 per cent per annum from the date of the petition till realization. The Tribunal was of the opinion that the accident had occurred due to the sole negligence of the driver of the motor vehicle. The Tribunal thus held the owner and the Insurance Company vicariously liable for the payment of such compensation.