ORIENTAL INSURANCE CO LTD Vs. KUNDANBEN DHARMENDRASINH VACHHANI

JUDGEMENT

(1.) The present appeal is preferred by the appellant - insurance company - original opponent no.2 being aggrieved and dissatisfied with the judgment and award dtd. 27/3/2008 passed by the Motor Accident Claims Tribunal (Main), Bharuch in Motor Accident Claim Petition no.579 of 2006. By the said impugned judgment and award, the Tribunal has partly allowed the claim petition preferred by the present respondent nos.1 to 5 - original claimants u/s.166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'). The Tribunal has held the original opponent nos.1 and 2 jointly and severally liable to pay an amount of compensation to the tune of Rs.25,31,000.00 to the aforesaid claimants along with the proportionate costs and interest @ 6% from the date of filing of the claim petition till the realization of such awarded amount. The Tribunal has issued further directions with regard to the deposit, release and the disbursement of the awarded amount to the tune of 70-30% in FDR and in cash respectively to the respective claimants.

(2.) The material facts, necessary for adjudication of the claim petition as narrated by the Tribunal in its judgment are reproduced hereunder:

(3.) Before proceeding with the merits of the case, it would be relevant to mention that at the stage of admission hearing, the learned advocate for the appellant - insurance company had sought amendment for addition of the grounds in the appeal memo, which was allowed by this Court at the stage of issuance of notice by order dtd. 30/9/2008. That much emphasis was made by the learned advocate for the appellant - insurance company on the fact that the original claimants, who are the heirs and legal representatives of the deceased have received various amounts to the tune of Rs.20,28,460.00, which is evident from the certificate obtained from the GACL (M/s. Gujarat Alkalies and Chemicals Limited), the company wherein the deceased was serving as Junior peon at the time of accident. According to the appellant - insurance company, the original claimant has not disclosed the aforesaid fact of having received the amount from his employer and in such circumstances, the Tribunal ought not to have passed a huge award of Rs.25,31,000.00. In light of the aforesaid fact, the appellant - insurance company seems to have preferred separate application, which is pending adjudication and is heard with the main appeal being Civil Application (for orders) no.1167 of 2008. In light of the order dtd. 11/1/2012 passed by this Court, the same is heard along with the present appeal.