NATIONAL INSURANCE CO. Vs. JAYESH V. RAVAL

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Aux.) and Additional District Court, Patan passed in Motor Accident Claims Petition No. 2532 of 2002, by which, the learned Tribunal has held and directed the original opponent no.3 - National Insurance Company to pay the compensation to the original claimants, the original opponent no.3 - insurer has preferred present First Appeal.

(2.) The brief facts leading to the present appeal are that, on 28/4/1997, at about 2.00 o'clock in the afternoon, when the deceased Bhartiben was travelling towards Gandhinagar in the Maruti Car bearing registration No.GJ- 2-A-7156 driven by the respondent No.1, at that time, while overtaking a scooter at Gozariya road near village Meu, the scooter came in his way and on sudden application of breaks, he lost control over the Maruti Car and dashed with one tree. As a result, the deceased Bhartiben was thrown out of the Maruti car and sustained serious injuries and died on the spot. The claimants therefore, filed claim petition before the Tribunal under Sec. 166 of the M.V. Act, claiming compensation of Rs.30,00,000.00 from the appellant Insurance Company.

(3.) Being aggrieved and dissatisfied with the aforesaid Award, the appellant - National Insurance Company has preferred this appeal.