NATIONAL INSURANCE COMPANY LIMITED Vs. JYOTIKABEN

JUDGEMENT

(1.) THIS appeal is filed by the insurance company calling in question a judgment and award dated 7.2.2009 passed by the Motor Accident Claims Tribunal, Nadiad, in MACP No. 1592/2002.

(2.) BRIEF facts are as under. The deceased Satishkumar Kantilal Jani, aged about 40 years was riding his motorcycle at about 12 O' clock in the afternoon on 9.5.2002 going from Nadiad towards Anand. His motorcycle was insured by the appellant insurance company. At that time, from the opposite direction, a truck was advancing from Anand towards Nadiad. These two vehicles met with an accident near ITI college, Uttarsanda. The motorcyclist died on the spot. The truck was also insured by the appellant insurance company. It appears that one Alkaben, a pedestrian, studying in ITI college, Uttarsanda, was after the college walking back towards Nadiad. She also received injuries in the accident.

(3.) THE insurance company has filed this appeal on the short ground that the motorcyclist himself having been found negligent to the extent of 20%, the Claims Tribunal could not have directed the insurer of the motorcycle to pay such compensation. In other words, the insurance company has not seriously disputed before us the computation of loss of income worked out by the Tribunal on the basis of documentary evidence of the income of the deceased and his age.