NATIONAL INSURANCE CO Vs. SUMITRABEN KANUBHAI CHAUHAN

JUDGEMENT

(1.) HEARD learned advocate Mr. Dakshesh Mehta for appellant National insurance CO. Ltd. Through this appeal, appellant has challenged award passed by the MACT (Auxi.) Panchmahals at Godhra in Claim petition No. 871 of 1999 dated 19th September, 2005 whereby the claims Tribunal has, while partly allowing claim petition, directed opponents to pay jointly and severally amount of compensation of Rs. 13,00,000. 00 to claimants with interest thereon at the rate of 9 per cent p. a. From the date of claim petition i. e. From 14. 5. 99 till realization. Claims Tribunal also directed opponents to deposit amount of compensation with the claims tribunal within two months from the date of said order, after adjusting amount of interim compensation under Section 140 of the Motor Vehicles Act, 1988. Claims Tribunal also held that the claimant No. 1 is entitled for Rs. 15,000. 00 by way of consortium and that was ordered to be separated before it is distributed amongst the claimants.

(2.) SHORTLY stated, accident took place on 24th April, 1999 at about 9. 00 a. m. At Rinchhvani village in Panchmahals District. Vehicle involved in accident was tempo bearing registration No. GJ-17-X-5336. Deceased Kanubhai Mangabhai aged 33 year, serving as a teacher, was going on his scooter. While he was passing near Rinchhvani village, said offending vehicle being tempo came in excessive speed which was driven by opponent in rash and negligent manner. Tempo thrashed out the scooter which was driven on the left side of the road by deceased. Deceased took his last breath on the spot. It is alleged that the deceased was serving as teacher and was earning salary of rs. 8500. 00 p. m. It is also alleged that he was earning Rs. 5000. 00 from the agricultural land. Based on such facts, claimants filed claim petition for compensation of Rs. 29,50,000. 00.

(3.) BEFORE the Claims Tribunal, opponents No. 1 and 2 appeared in response to the summons but have not filed any written statement to contest the claim. Appellant Insurance Company appeared before the claims tribunal through advocate and filed its written statement vide exh. 9. Insurance company has not admitted particulars referred to in the petition. It has not admitted the particulars referred to in the claim petition and has contended that the driver of the offending vehicle was not negligent in driving vehicle and has disputed the particulars regarding alleged accident. It has also disputed income and other prospects. Since the claim was not contested by opponents No. 1 and 2, appellant insurance company filed application before claim tribunal for permission under Section 170 of the Motor Vehicles Act, 1988 to contest claim on all grounds which was granted by claims tribunal vide order below application Exh. 37.