ORIENTAL INSURANCE CO LTD Vs. RANI BEN

JUDGEMENT

(1.) THIS appeal by the insurer of one of the vehicles involved in the motor vehicle accident challenges the judgment and order dated 30. 7. 2001 passed by Motor Accidents Claims Tribunal, kachchh-Bhuj in the M. A. C. P. No. 354 of 1992 awarding compensation amount of rs. 18,00,000 with proportionate costs and interest at the rate of 9 per cent per annum from the date of claim petition to widow, children and brother of the deceased.

(2.) ON 18. 3. 1992, Ramjibhai Bhurabhai makwana, a Forest Officer in the services of the State Government and his friend sumarbhai were travelling on motor cycle from Adesar to Bhachau on Ahmedabad-Kandal national Highway. Ramjibhai was driving the motor cycle and Sumarbhai was the pillion rider. When the motor cycle reached near village Vondh, the chhakada rickshaw insured by the appellant insurance company came from the opposite direction and dashed against the motor cycle. On account of the collision between the two vehicles, Ramjibhai, driver of the motor cycle sustained serious injuries and died on the spot. The pillion rider also sustained serious injuries and died.

(3.) WIDOW, three minor daughters and a minor son of the deceased and also the younger brother of the deceased filed the claim application seeking compensation of rs. 15,00,000 initially. Subsequently, by moving an amendment application vide application Exh. 74, the claim was sought to be raised to Rs. 30,00,000. The Tribunal granted the said application by order dated 19. 7. 2001.