UNITED INDIA INSURANCE CO.LTD. Vs. NAYANABEN

JUDGEMENT

(1.) The present appeal is filed by the appellant - Insurance Company under Sec. 173 of the Motor Vehicles Act, being aggrieved by and dissatisfied with the judgment and award dtd. 30/12/2010 passed by the Motor Accident Claims Tribunal, (Aux.) Surat in Motor Accident Claim Petition No.1004 of 1999, by which, the Tribunal has partly allowed the claim petition by awarding Rs.9,67,000.00 with 7.5% p.a. interest to be paid to claimant/s, by holding opponents liable, jointly and severally.

(2.) The facts of the present appeal are as under :

(3.) Learned advocate for the appellant - Insurance Company has assailed the impugned judgment and award on the point of negligence and submitted that the learned Tribunal has erred in holding the truck negligent to the extent of 100%, however, the negligence should be apportioned at 50%-50% between the scooterist-deceased and the truck driver. He further submitted that the learned Tribunal has also erred in awarding the compensation on a higher side by considering the income of the deceased on a much higher side. He, therefore, submitted that the appeal is required to be allowed and the impugned judgment and award needs to be modified.