NATIONAL INSURANCE CO LTD Vs. MANGIBEN BHIKHABHAI VASAVA

JUDGEMENT

(1.) This appeal has been filed by the National Insurance Company Ltd. (appellant) Whether Reporters of Local Papers may be allowed to see the judgment "Yes against the judgment dated 19.9.2005 of the Motor Accident Claims Tribunal (Aux.),Vadodara,in M.A.C.Petition No.218/96.

(2.) The brief facts of the case are that on 19.1.1996 the deceased Bhikhabhai Vasava, alongwith Budhabhai Gordhanbhai Vasava were going from village Karkhadi at about 7'0' Clock in the morning to Mayur Park Hotel situated on National Highway No.8. The above named two persons were going to work at the 'Ponk Center' in front of the said Hotel. When they reached near Ghavat Chowk, where they were standing to cross the road, a Matador bearing registration No.GJ-6U- 741, owned and driven by opponent No.1, came with full speed in a rash and negligent manner, violating all traffic norms. The said Matador, tried to overtake a truck going ahead of it and in the process, it hit the deceased Bhikhabhai, who became unconscious and fell on the road. He was taken to the Hospital in an ambulance but succumbed to his injuries.

(3.) The deceased was aged 38 years and was an able bodied man, who was working as an agricultural labourer. It is stated in the claim petition that he was earning Rs.75/- to Rs.80/- per day from such labour and, in addition, he had kept two buffaloes and used to sell the milk, therefore, used to earn about Rs.150/- per day. Deceased left behind widow and three children and was the sole bread winner of the family.