ORIENTAL INSURANCE CO LTD Vs. MAHENDRA VALLABHBHAI PATEL

JUDGEMENT

(1.) The Insurance Company has preferred the present appeal, to question the quantum of compensation awarded by the Tribunal by judgment and award dated 26.10.2010 in MACP No. 334/2007.

(2.) The respondent nos. 1 and 2 filed claim petition under section 163A in the Motor Accident Claim Tribunal, Bhuj to recover compensation of Rs 4,34,167/- from respondent nos. 3 to 5 and the appellant, being the Insurance Company of the offending vehicle for the death of 19 year old boy in a vehicular accident which happened on 18.4.2007.

(3.) On the fateful day, the son of respondent nos. 1 and 2 was riding motor cycle No. GJ 12 AC 6882. The motorcycle was of the ownership of respondent no. 5 herein. When the deceased reached near the spot of the accident, a chakkda bearing registration no. GJ 12W 4227, driven by respondent no. 3 herein, came from the opposite direction and collided with the motorcycle of the deceased, resulting in serious injuries. The deceased-Nayan succumbed to injuries suffered by him in the accident. The respondent nos 1 and 2 being his claimants, filed MACP No. 334/2007 under section 163 A of the M.V Act to claim compensation of Rs 4,34,167/- from the appellant being the insurer of offending chakada rickshaw and the owner-driver of the offending chakada rickshaw. The learned Tribunal vide impugned judgment and award directed the appellant and respondent nos 3 to 5 to pay compensation of Rs 4,60,500/- with 9% interest jointly and severally. The appellant Insurance company being unhappy with the quantum of compensation has filed this appeal.