SHILPABEN NARSHIBHAI SOLANKI Vs. SAMIRBHAI KADARBHAI RINDBLOCH

JUDGEMENT

(1.) The captioned appeal is filed against the impugned judgment and award dtd. 22/8/2015 passed by the learned Motor Accident Claims Tribunal, at Rajula in MACP No.767/2011, whereby the learned Tribunal has awarded a sum of Rs.2,89,660.00 as a compensation along with interest at the rate of 9% per annum from the date of filing of claim petition till its realization.

(2.) The succinct facts leading to file the captioned appeal are that on 25/4/2010, the deceased and his friend Dineshbhai were going for filling the diesel in Bolero Jeep owned by respondent no.3 herein at the petrol pump situated at Rajula-Ningala Road and after getting filled the diesel, when they were returning back, in the meantime, a truck bearing registration no.GJ-8-U-1017 came at excessive speed and in rash and negligent manner so as to endanger human life and dashed with the Bolero Jeep. At the time of accident, the truck was being driven by the driver of respondent no.1 and the Bolero Jeep was being driven by the deceased-Narshibhai Rudabhai Solanki. In the said accident, the deceased sustained grievous injuries and succumbed to the injuries. It is also the case of the claimants before the learned Tribunal that the accident occurred owing to the sole negligence of the driver of respondent no.1.

(3.) On being served with the notices of the claim petition, the insurance company of the truck bearing registration no. GJ-8-U-1017 i.e. the respondent no.2 herein filed the written statement at Exh.22, thereby denying the averments made in the claim petition and prayed for dismissal of the claim petition on the ground that the deceased himself was negligent for causing the accident. It was also contended that the deceased was not holding the valid driving licence to drive the vehicle in question at the time of accident. The respondent no.3/owner of the Bolero Jeep had also appeared before the learned Tribunal and filed the written statement at Exh.16, thereby submitting that the accident occurred owing to the sole negligence on the part of driver of the truck of respondent no.1. The respondent no.4/insurance company had also filed the written statement at Exh.36 and thereby denying the contentions raised in the claim petition and prayed for dismissal of the claim petition.