NEW INDIA ASSURANCE CO. LTD Vs. PARSHOTTAMBHAI VIRSANGBHAI

JUDGEMENT

(1.) The present appeal has been raised by the Insurance Company challenging the judgment and order dtd. 21/9/2004, passed by the Motor Accident Claims Tribunal (Aux.), Surendranagar in MACP No.606 of 1994 on the ground of negligence as well as quantum. It is a case of minor claimant.

(2.) The facts as could be culled out from the impugned judgment are that the applicants of MACP No.606 of 1994 and MACP No.605 of 1994 i.e. son and mother were travelling towards their village Khamblav from Limbadi in a passenger rickshaw bearing No.GJ-13-T-011, on 29/4/1994, at about 8:30 in the evening, when they reached Panshina Road between village Untadi and Chocky on Limbdi, a Tractor bearing No.GJ-13-1201 came from the opposite direction, and it is stated that it collided with each other. As a result of the accident, both the applicants sustained grievous injuries. The rickshaw was insured with the present appellant and the Tractor was insured with M/s. Oriental Insurance Co. Ltd.

(3.) Learned advocate Ms. Kirti S. Pathak for the Insurance Company stated that the accident was due to sole negligence of the Tractor driver, which was clearly evident from the copy of FIR. Ms. Pathak stated that the learned Tribunal has attributed 60% negligence to the tractor driver, while 40% negligence has been attributed to rickshaw driver, which is contrary to the evidence on record.