NEW INDIA ASSURANCE CO LTD Vs. MANHARLAL NATHUBHAI

JUDGEMENT

(1.) Mr.S.B. Parikh, learned counsel for the appellant and Mr.R.R. Marshal, learned counsel for the respondent Nos.1, 2.1 to 2.3. None for the respondent No.3 and 4, though served.

(2.) The Insurance Company, being aggrieved by the award dtd.25/9/1987 passed by the Motor Accident Claim Tribunal (Auxiliary), Surat in Motor Accident Claim Petition No.136 of 1984, is before this Court with a submission that the tribunal erred in awarding a sum of Rs.50,000=00 in excess to the entitlement of the claimants.

(3.) As the rashness, negligence, accident and liability of the driver and owner are not under challenge, it is not necessary to burden this judgement by detailing the said facts. The only question to be considered by the Court would be whether the tribunal was justified in awarding a sum of Rs.97,400=00 in favour of the claimants.