NATIONAL INSURANCE CO LTD Vs. SUGRABIBI RASULBHAI

JUDGEMENT

(1.) This appeal has been filed by National Insurance Co.Ltd. against the judgment of the Whether Reporters of Local Papers may be allowed to see the judgment "Yes M.A.C.Tribunal (Aux.), Fast Track Court No.8, Nadiad dated 24.8.2005 in M.A.C.Petition No.1454/96.

(2.) Heard Shri S.B.Parikh, learned counsel for the appellant and perused the record.

(3.) The brief facts leading to the filing of the claim petition are that the deceased Rasulbhai Husainbhai was discharging his duty as a driver of Truck No.GJ-7U-9191 owned by opponent No.1. On 24.6.96, at about 12.30 noon, when the deceased was driving the said truck on the slope of Dharampur, brakes of the vehicle failed and the truck fell down into a Khadi. The deceased, who was driving the truck, was seriously injured and succumbed to his injuries. According to the case set up by the claimants, the owner of the truck was not servicing and looking after the maintenance of the truck regularly and since the truck was not in a roadworthy condition, the accident took place. The deceased was aged 40 years and was hale and hearty. He was earning Rs.2500/- per month and was the only bread winner of the family. Had he survived, he would definitely have earned more. A total of Rs.5 lacs was claimed by way of compensation with costs and interest, by the legal heirs of the deceased.