NATIONAL INSURANCE COMPANY Vs. DARSHANA ASHOKBHAI SHUKLA

JUDGEMENT

(1.) FEELING aggrieved and dissatisfied with the impugned judgment and award dated 22/12/2005 passed by the learned Motor Accident Claims Tribunal (Auxiliary) at Ahmedabad City (hereinafter referred to as the Tribunal for brevity) in Motor Accident Claim Petition No. 931 of 2003 (hereinafter referred to as the claim petition for brevity) by which, the learned Tribunal has awarded a total sum of Rs.18,01,400/ with interest @ 6% per annum from the date of the claim petition till realization towards compensation to the original claimant for the death of the deceased, the appellant herein original opponent No. 3 National Insurance Co. Ltd. (hereinafter referred to as the insurance company for brevity) has preferred the present First Appeal.

(2.) THE facts leading to the present First Appeal in nutshell are that on 07/03/2003 when deceased Ashokbhai was returning home from his job from Sabarmati and waiting for a vehicle near Koba circle, at that time, the truck driven by original opponent No. 1, coming from Koba circle side rashly and negligently dashed with the deceased due to which, the deceased sustained serious injuries and eventually succumbed to the injuries and therefore, the original claimant filed the claim petition before the learned Tribunal claiming compensation of Rs.30 lakhs for the death of the deceased.

(3.) IT was the case on behalf of the original claimant that the driver of the offending vehicle involved in the accident, was rash and negligent due to which, the accident had taken place and the deceased sustained serious injuries and ultimately, succumbed to the injuries. The claim petition was opposed by the original opponent No. 3 insurance company by filing written statement at exh. 20. It was specifically the case on behalf of the original opponent No. 3 insurance company that the vehicle involved in the accident i.e. truck bearing Registration No. GJ 1 U 4338 was not insured with the opponent No. 3 insurance company. Moreover, it was denied that the accident had occurred due to rash and negligent driving of the original opponent No. 1 driver of the offending vehicle and on the contrary, the deceased himself was negligent due to which, the accident had occurred. Therefore, it was requested to dismiss the claim petition.