NATIONAL INSURANCE CO LTD Vs. VANARAJSINH JORUBHA ZALA

JUDGEMENT

(1.) AS all appeals arise from the same judgment of the Tribunal in the claim petition, they are being considered simultaneously. All appeals are directed against the judgment and award of the Tribunal dated 20 -10 -2008 whereby the Tribunal has awarded compensation of Rs.13,65,000/ - with interest @ 12% p.a. from the date of filing of application till 31 -12 -1999 and @ 9% p.a. from the date 1 -1 -2000 till it's realization. We may record that the claimant has preferred the appeal for enhancement of compensation, whereas the insurance company of the truck as well as ST Corporation have preferred appeal against the quantum of compensation as well as apportionment of contributory negligence between driver of the truck and driver of ST bus.

(2.) THE short facts of the case appear to be that the original claimant (hereinafter referred to as 'the claimant') when was on duty with other staff on 22 -8 -1999 on highway patrolling on Bagodara -Sayla road, at about 8.30 p.m., they saw that one truck was lying in the middle of the road in turtled position and there were no signals nor any fencing around the truck and the claimant with a view to avoid any mishap got down and they were making arrangement for lightening fire. At that time, one ST bus came from Rajkot side bearing registration No.GUJ -12 -4252 dashed the claimant and other policemen, who were on duty and as a result thereof, the claimant sustained serious injuries. The claim petition was filed for compensation of Rs.25,00,000/ - by the claimant. The Tribunal at the conclusion of the petition passed the above referred judgment and award. Under the circumstances, the present appeal before this Court. As recorded earlier, the claimant has preferred the appeal for enhancement of compensation whereas the insurance company of the truck as well as ST Corporation have preferred appeal against attribution of the contributory negligence and also against quantum of compensation awarded.

(3.) WE have heard learned counsel, Mr.Mehul Sharad Shah for the insurance company, Mr.Vishal Mehta with Mr.Mehul Shah for the claimant and Ms.Vasavdatta Bhatt for the ST Corporation appearing for the respective parties in the respective appeals.