NATIONAL INSURANCE COMPANY LTD. Vs. PRUTHAVISINH TAKHATSINH ZALA

JUDGEMENT

(1.) The original claimants, who are respondents in First Appeal no.136 of 2018 have preferred Civil Application for withdrawal/ disbursement of the deposited award amount pending the hearing of the appeal preferred by the original appellant - National Insurance Company Ltd., on the ground that the daughter of the deceased, who is one of the applicant, her marriage is fixed and the family is in need of the money and therefore appropriate directions have been sought for withdrawal and disbursement of part of the amount which are lying in the FDRs. Considering the fact that the appeals are pending for final hearing, wherein the appellant insurance company has raised the issue of liability and noticing the objection with regard to the disbursement, all these matters were taken up for final hearing.

(2.) The appellant - National Insurance Company Ltd., being aggrieved and dissatisfied with the judgment and award dtd. 20/8/2017 has preferred this appeal under Sec. 166 of the Motor Vehicles Act, 1988 essentially agitating their liability to pay compensation of the award amount of Rs.19,71,300.00 directed to be paid with interest at the rate of 9% from the date of filing of claim petition till its actual realization as awarded by the Motor Accident Claims Tribunal (Aux.V), Ahmedabad Rural at Mirzapur in Motor Accident Claims Petition no.1109 of 2008. By the said impugned judgment and award the Tribunal has partly allowed the claim petition of the original claimants - respondent nos.1 to 5, thereby holding the original opponent nos.1, 2 and 3 jointly and severally liable whereas exonerated the opponent nos.4, 5 and 6.

(3.) The appellant - National Insurance Company Limited is aggrieved and dissatisfied with judgment and award passed by the Motor Accident Claims Tribunal, Gandhinagar in MACP nos.251 of 2008 to 253 of 2008. By the said impugned judgment and award the Tribunal has partly allowed all the three claim petitions by awarding an amount of compensation of Rs,7,22,000/- to the applicants of MACP no.251 of 2008 and Rs.1,26,000.00 to the applicant of MACP no.252 of 2008 and MACP no.253 of 2008 each respectively. The Tribunal has further exonerated the original opponent nos.1 to 5, whereas has held the opponent nos.6 to 9 jointly and severally liable to pay the aforesaid compensation of awards with an interest at the rate of 9% per annum from the date of filling the claim petition till its actual realization.