UNITED INDIA INSURANCE CO LTD Vs. MANISHA

JUDGEMENT

(1.) THIS Appeal has been preferred by the United India Insurance Company Ltd, the insurer of the offending vehicle - mini luxury bus bearing registration no. GJ 1 X 9818 under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 22nd April, 2002 passed by the Motor Accidents Claims Tribunal, Ahmedabad [hereinafter referred to as Sthe Tribunal] in Motor Accident Claim Petition No. 134 of 2000.

(2.) MR. Nanavati has submitted that the Appeal is preferred on the issue of contributory negligence alone. He has submitted that on account of fatal accident between the scooter and the offending luxury bus, the scooter rider lost his life.

(3.) UPON perusal of the panchnama of the scene of the accident [exh. 31] and the evidence of the eye witness one Sarfaraz Husenkhan Pathan [exh. 35], it appears that the accident in question occurred on 9th February, 2000 after 8. 00 O'clock in the evening on the airport road at Ahmedabad. At the time of the accident, the deceased was riding the scooter. Eye witness Sarfaraz Husenkhan Pathan was carrying passengers from the airport and was following the scooter at some distance. The offending luxury bus came headon on the wrong side of the road and hit the scooter. In the ensuing injuries suffered by the scooter driver, he died on the spot.