NEW INDIA ASSURANCE COMPANY LTD. Vs. RAMBHABEN JIVRAJBHAI

JUDGEMENT

(1.) First Appeal No.4672 of 2019, under Sec. 173 of Motor Vehicles Act, 1988, is preferred by the appellant - insurance company being aggrieved and dissatisfied with the judgment and award dtd. 18/4/2019 passed by the Motor Accident Claims Tribunal, Rajkot @ Gondal in Motor Accident Claim Petition No.389 of 2007.

(2.) The short facts of applicants' case are that on 06/11/2006, the deceased Jivrajbhai Jivabhai Bhutabhai and other passengers were going for Pilgrimage in Bus No.GJ-5U8944 of different places of India and Nepal. That when the said Bus reached within the jurisdiction of village Bharatpur of Nepal, at that time, the driver of Bus No.GJ-5U-8944 has driven the bus at an excessive speed, rashly and negligent, so as to endanger human life and dashed with the regional bus and caused the accident, as a result of which, the deceased had sustained sustained grievous injuries and ultimately succumbed to the injuries. It is the say of the applicants that the accident has taken place due to sole negligent driving of the driver of Bus No.GJ-5U-8944.

(3.) Since common question of law and fact arises, with the consent of learned advocates appearing for the respective parties, both the appeals are decided together.