ORIENTAL INSURANCE CO LIMITED Vs. SIYABHUSEN HASANALI SAIFI

JUDGEMENT

(1.) THIS group of First Appeals arises out of a common judgement and separate awards passed by the Motor Accident Claims Tribunal (Main), Rajkot in disposing of claim petitions No.921/2001 and connected petitions.

(2.) BROADLY stated, facts leading to the appeals are that on 11th June, 2001, several persons were travelling in a Tata -Estate Car on a highway going from Madvi to Bhuj. At that time, the Tata -Estate Car met with an accident when it was hit by an incoming truck. The impact resulted into severe injuries to several passengers in the Tata -Estate Car. One minor girl died due to such injuries and other passengers received injuries of different seriousness. These injured persons and relatives of the deceased child therefore, filed separate claim petitions before the Claims Tribunal. The Claims Tribunal after taking into account the deposition of the witnesses and Panchnama of the scene of accident, came to the conclusion that both the drivers were negligent in equal degree in causing the accident. In coming to such a conclusion, the Tribunal was of the opinion that the Panchnama of the scene of accident did not with any degree of clarity pinpoint relative positions of the vehicles involved in the accident.

(3.) REGARDING the quantum of compensation, the Tribunal passed separate awards to different claimants ranging from Rs. 25,000/ - to Rs. 6,59,660/ - .