EXECUTIVE ENGINEER (MAGADALLA PORT) Vs. CHHIMANBHAI SOMABHAI PATEL

JUDGEMENT

(1.) Ms. Sejal K.Mandavia, learned counsel for the appellants; none for the respondent no.1; Ms. Lilu K. Bhaya, learned counsel for the respondent no.2. Heard.

(2.) The appellants-owner and driver of the truck, being aggrieved by the judgment and award dated 28th July, 1983 made in M.A.C. Petition No. 298 of 1982 by the learned Member, M.A.C.Tribunal [Main], Surat, awarding a sum of Rs.40,076/-, are before this Court.

(3.) Ms. Mandavia, learned counsel for the appellants submits that from the defence of the appellants, it would clearly appear that the claimant of his own jumped from the vehicle which led to a fracture in his leg and under the circumstances, he was not entitled to any compensation, according to her, the Insurance Company has been exonerated without any good cause and multiplier of 15 could not be applied to the present case. Ms. Bhaya, learned counsel for the Insurance Company/respondent no.2 submits that the defence of the Insurance Company was that no extra premium was paid by the appellant-owner and under the circumstances, the liability relating to loaders and unloaders could not be covered.