LAWS(GJH)-2014-9-79

OREINTAL INSURANCE CO. LTD Vs. AMARBA REVTUBHA JADEJA

Decided On September 23, 2014
Oreintal Insurance Co. Ltd. Appellant
V/S
Amarba Revtubha Jadeja Respondents

JUDGEMENT

(1.) THIS appeal under section 173 of the Motor Vehicles Act, 1988, is at the instance of an Insurance Company and is directed against an award dated 16th June 2008 passed by the Motor Accident Claims Tribunal [Main], Banaskantha, at Palanpur in M.A.C.P. No. 705 of 1998 thereby awarding a sum of Rs. 3,92,200/ - with interest at the rate of 9% per annum along with proportionate costs, after holding that the Insurance company is liable to pay the said amount.

(2.) BEING dissatisfied, the Insurance Company has come up with the present appeal.

(3.) IT appears from the materials on record that on 17th August 1998, while the deceased was driving a motor cycle, another vehicle, a jeep bearing registration No. GRN 1208, came in a rash and negligent manner, with excessive speed from the wrong side and collided with the motor cycle, as a result, the victim was seriously injured resulting in his death.