NATIONAL INSURANCE CO LTD Vs. RAMILABEN CHINUBHAI PARMAR

JUDGEMENT

(1.) This appeal has been filed by National Insurance Co. Ltd. challenging the judgment and award dated 30.9.2002 passed by the Motor Accidents Claims Tribunal (Aux.), Ahmedabad in M.A.C.P. No. 204 of 2001.

(2.) On 28.2.2001, one Chinubhai Jivan lal Parmar was travelling on his motor cycle on Sarkhej-Gandhinagar Highway. Motor cycle was hit by a tanker coming from the opposite direction. The accident caused fatal injuries to Chinubhai Jivanlal Parmar. His widow, one son and aged parents, therefore, filed above-mentioned claim petition seeking compensation of Rs. 40,00,000 from the driver, owner and insurer of the tanker in question.

(3.) Before the Claims Tribunal, claimants led evidence to establish that the tanker was being driven on the wrong side of the highway which has four lanes and a road divider in between. The Tribunal, therefore, came to the conclusion that accident occurred on account of sole negligence of the tanker driver.