ORIENTAL INSURANCE COMPANY LTD. Vs. KANTABEN HEMATRAM TILAWAT

JUDGEMENT

(1.) These appeals are filed by the appellant-insurance company under Sec. 173 of the Motor Vehicles Act, 1988 ('MV Act' for short), being aggrieved and dissatisfied with the common judgment and award dtd. 11/11/2014 passed by the Motor Accident Claims Tribunal (Aux.), Junagadh in MACP No.411 of 2003 and other allied matters, whereby the claim petition of the claimants was partly allowed and the original opponents were held liable jointly and severally liable to to pay the amount of compensation along with proportionate costs and interest thereon at the rate of 9% p.a. from the date of filing till realization.

(2.) The brief facts leading to filing of this appeal are such that the claimants and the deceased were travelling in Maruti van bearing no.GJ-7R-2266 of the ownership of opponent no.1 and had gone at Bagdana for darshan and while returning on 30/3/2003, at about 3.30 a.m. when they reached near the bridge of just 4 k.m. away of Jamkandorana on Jamkandorana road, the deceased driver of this car drove the car very rashly, negligently and at a very excessive speed and thereby lost control, as a result of which the said maruti van dashed with one Babul tree beside the road with heavy force and accordingly, caused the accident in which some lost their lives and others were injured. The driver-cum-owner of the car also succumbed to the injuries. Therefore, total seven claim petitions were filed for getting compensation.

(3.) On issuance of notice, the heirs of deceased opponent no.1 who was the owner and driver of the car in question filed written statement and the insurance company also filed the written statement to the claim petitions and resisted the claim petitions. The learned Tribunal framed the issues, considered the oral and documentary evidence led before it and passed the impugned judgment and award.