NATIONAL INSURANCE CO. LTD. Vs. BHANABHAI HIRABHAI CHAUHAN

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Auxi) Junagadh passed in MACP No. 710 of 1992, by which, the learned Tribunal has also held the appellant herein - original opponent no.4- National Insurance Company Limited - insurer of the Rickshaw No. GJ-11 T 3595 involved in the accident, the appellant herein - original opponent no.4 - insurer of the Rickshaw (goods vehicle )has preferred present First Appeal.

(2.) Shri Palak Thakkar, learned advocate for the appellant has vehemently submitted that as the accident occurred prior to 14.11.1994 i.e. on 21.10.1992 i.e. prior to amendment in Sec. 147 of the Motor Vehicles Act and therefore, as per the decision of the Honourable Supreme Court in the case of New India Assurance Co. Ltd. Vs. Asha Rani and Others reported in 2003 2 SCC 223 and the subsequent decision of the Honourable Supreme Court in the case of New India Assurance Co. Ltd. Vs. Vedwati and Others reported in 2007 9 SCC 486 and decision of the Honourable Supreme Court in the case of Mallawwa (Smt.) and Others Vs. Oriental Insurance Company Ltd. and Others reported in 1999 1 SCC 403, the learned Tribunal has committed grave error in holding the appellant Insurance Company - insurer of Rickshaw also liable to pay compensation.

(3.) Shri Prashant Mankad, learned advocate for the original claimant is not in a position to dispute that the accident occurred on 21.10.1992 i.e. much prior to 14.11.1994 i.e. much prior to amendment in Sec. 147 of the Motor Vehicles Act, 1988. However, has submitted that in the present case even driver of the motor truck involved in the accident is also held to be contributory negligent and therefore, it can be said to be case of composite negligence and therefore, the claimants can recover the entire amount of compensation even from the insurer of the motor truck involved in the accident. Therefore, he has requested to make suitable observations.