PADMABEN DHIRAJLAL BHANUSHALI & 3 ; NEW INDIA ASSURANCE COMPANY LTD Vs. CHANDRA OFFSHRORE & MARINE SUPPLY CO

JUDGEMENT

(1.) THESE appeals have been preferred against the award dated 16.11.2000 passed by the Motor Accident Claims Tribunal (Main), Bhuj, Kutch in Motor Accident Claim Petition No.8 of 2000, wherein claimants have been awarded compensation of Rs.3,45,500/ -. Aggrieved from this decision, Insurance Company as well as legal representatives of deceased Dhirajlal Visshram Bhanushali have come in appeal.

(2.) BRIEF facts of the case are that, on 08.11.1999 deceased was proceeding from Ankleshwar to Mumbai in Tempo bearing Registration No.GJ -12 -T -8146. He was driving the tempo on left side of the road with moderate and controllable speed. Around 03.00 hours, said tempo reached near the place of accident and turned turtle and met with an accident. Deceased Dhirajlal sustained serious injuries and died on the spot. Petitioners, i.e. legal representatives of the deceased, preferred claim petition and the Tribunal, while taking into account income of the deceased, status of his family and in the facts and circumstances of the case, awarded the aforesaid claim. Aggrieved from this award, present appeal has been preferred.

(3.) LEARNED counsel appearing for the appellant Insurance Company has submitted that the award passed by the Tribunal was on higher side and requires modification. He further submitted that the claim petition should have been filed under section 166 of the Motor Vehicles Act and not under section 163 -A as the Insurance Company has been deprived of the chance to rebut the claim.