NEW INDIASSURANCE COMPANY LTD. Vs. RAVAL KAILASBEN BHARATBHAI

JUDGEMENT

(1.) This appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been preferred by the appellantoriginal opponent No.3 The New India Assurance Company Ltd. against the judgment and award dtd. 22/9/2020 passed by the learned Motor Accident Claims Tribunal (Auxi.), at Visnagar, Mahesana (for short referred to as "learned Tribunal") in Motor Accident Claim Petition No.1629 of 2012 filed under Sec. 166 of the Motor Vehicles Act, 1988 (for short referred to as "MV Act") wherein the learned Tribunal has partly allowed the claim petition of respondent Nos.1 to 5 herein original claimants and awarded compensation of Rs.7,12,680.00 with interest at the rate of 9% per annum from the date of the claim petition.

(2.) Heard learned advocates for the respective parties. Though served, none appears for respondent Nos.6 and 7.

(3.) The brief facts of the present claim petition are that the accident took place on 12/5/2012, when the husband of claimant No.1 was standing at Kukarwada triangle road bus stand waiting for the vehicle to go to village Dagavadia and at that time, one motorcyclist came with his motorcycle bearing No.GJ-2-AR-1315 who allowed the deceased to sit on the motorcycle and when the said motorcycle reached Dagavadia road, one Tractor bearing registration No.GJ-2-AG-3777 attached with water tank, suddenly took turn on right side of the road with full speed and in negligent manner and the motorcycle driver, in order to avoid the accident, applied brakes of the motorcycle still however, the motorcycle dashed with the water tank attached with the tractor and the pillion rider i.e. the husband of claimant No.1 fell down beneath the large tyre of the tractor and sustained grievous injuries and died on the spot. The original claimants herein preferred the captioned MACP claiming compensation of Rs.10.00 lakh and the learned Tribunal awarded the aforesaid amount of compensation.