ICICI LOMBARD GENERAL INSURANCE Vs. NISHA SANJAYBHAI SHAH

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Auxi.), Vadodara (hereinafter referred to as "Tribunal") in Motor Accident Claim Petition No.330/2008 by which the learned Tribunal has partly allowed the said claim petition has awarded a total sum of Rs.35,99,400/ to the original claimants and towards compensation for the death of deceased who died in a vehicular accident, the original opponent No.3 ICICI Lombard General Insurance Co. Ltd. insurer of Dumper No.GJ02Z308 involved in the accident has preferred the present First Appeal.

(2.) In a vehicular accident which occurred on 22.12.2007 between Dumper No.GJ02Z308 and the Maruti Car No.GJ01AR7438, deceased Sanjaykumar Hasmukhlal Shah died. Therefore, the original claimants heirs and legal representatives of the deceased filed the aforesaid claim petition before the learned Tribunal claiming Rs.50 lakh towards compensation under different heads.

(3.) Shri Sunil Parikh, learned advocate appearing on behalf of the appellant herein ­ insurance company has vehemently submitted that the learned Tribunal has materially erred in holding the original opponent No.1 ­ driver of the Dumper involved in the accident sole negligent for the accident. It is vehemently submitted by Shri Parikh, learned advocate appearing on behalf of the appellant that as there was a head on collision between the two vehicles, the learned Tribunal ought not to have held the opponent No.1 ­ driver of the Dumper sole negligent for the accident. It is submitted that as there was a head on collision between two vehicles and the manner in which the accident has taken place, the learned Tribunal ought to have either held the driver of the maruti car ­ deceased sole negligent for the accident and/or contributory negligent to a larger extent.