ORIENTAL INSURANCE CO LTD. Vs. HIMATBHAI VALJIBHAI CHAUHAN

JUDGEMENT

(1.) The present First Appeal, under Sec. 173 of Motor Vehicles Act, 1988, is preferred by the appellant - Insurance Company claimant being aggrieved and dissatisfied with the judgment and award dtd. 3/8/2013 passed by the Motor Accident Claims Tribunal, Bhavnagar in Motor Accident Claim Petition No.481 of 2008.

(2.) Facts of the case are as under :-

(3.) Learned advocate Ms.R.V.Acharaya for the appellant - Insurance Company submitted that learned Tribunal only on hypothesis held that trailer cannot run without tractor and saddled liability on tractor owner and insurer, whereas, evidence suggest that no tractor was lying attached with trailer at the time of accident when deceased dashed with standing trailer. It is submitted that there is no evidence on record which indicates that Tractor No.GJ-4-H-7006 was attached with Trailer No.GJ-4- T-8484 parked on the spot of accident, yet for no reasons, tractor has been pulled into scene of accident and held full negligent in causing road accident, which resulted into filing of claim petition. It is submitted that presence of tractor has not been noted in any of evidence be it oral or documentary, yet liability was fasten upon tractor owner and insurer by learned Tribunal and thus it is totally erroneous finding and deserve to be set aside.