NATIONAL INSURANCE CO LTD Vs. RUKHSHANABEN SALIMBHAI VORA

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 challenges the judgment and award dated 11.11.2005 of the Motor Accident Claims Tribunal, Nadiad in MAC Petition No. 395 of 2004 whereby the Tribunal awarded compensation of Rs.1,54,500/- together with interest and costs to respondent No.1 herein, the mother of the minor girl aged 7 years who died in a motor vehicles accident.

(2.) The deceased was being carried on a motor cycle of her father on 20.12.2004. When the father was riding the motor cycle with the deceased, a kite was being flown and the kite thread on the road slit the neck of the minor girl. The girl was removed to the hospital where she succumbed to the injuries.

(3.) Mr Mehul Sharad Shah, learned counsel for the appellant has submitted that the accident cannot be said to have taken place on account of involvement of a motor vehicle. If at all the claimants had any cause of action, it would be against the person who was flying the kite. Alternatively, it is submitted that the deceased was a pillion rider and, therefore, her risk was not covered. Strong reliance has been placed upon the decision of the Apex Court in United India Insurance Co. Ltd. vs. Tilak Singh, (2006) 4 SCC 404 (page 21). It is also submitted the Tribunal has awarded interest at a higher rate of 12% per annum against the usual rate of 7.5% or 9% being awarded these days.