NATIONAL INSURANCE CO. LTD. Vs. PRAHLADBHAI KASHIRAM PATEL

JUDGEMENT

(1.) THIS appeal is filed by the Insurance Company calling in question the judgement and award dated 31.07.2006 rendered by the Motor Accident Claims Tribunal, Mehsana ('the Tribunal' for short) in Motor Accident Claim Petition No. 1212 of 1995.

(2.) BRIEF facts are as follows:

(3.) THE insurance company entered appearance and opposed the claim on various grounds including on the quantum. However, the principal opposition of the insurance company was its liability to cover the risk. This was on the premise that according to the insurance company, contrary to what was stated by the claimants in the claim petition as well as by their sole witness before the Tribunal, the deceased was not travelling on a scooter as a pillion rider driven by the original opponent No.1, Chandubhai but, he himself was riding his own scooter. Since therefore, according to the insurance company, the accident took place on account of sole negligence of the deceased himself, the insurance company of the scooter of opponent No.1, which was, in any case, not involved in the accident, would not be liable to pay the compensation.