LAWS(GJH)-2007-4-17

NATIONAL INSURANCE COMPANY Vs. LAXMANBHAI MERAMAN KOLI

Decided On April 26, 2007
NATIONAL INSURANCE COMPANY Appellant
V/S
LAXMANBHAI MERAMAN KOLI F/O DECD.RAMESHBHAI Respondents

JUDGEMENT

(1.) By way of this appeal, the appellant Insurance Company has challenged the judgment and award dated 26th April, 2002 passed by the Motor Accident Claims Tribunal, Gandhidham - Kachchh [for short, "Sthe Tribunal"] in Motor Accident Claim Petition No. 383 of 2000 whereby, the said claim petition was partly allowed and opponents No. 2 & 3 in the said claim petition, were held jointly and severally liable to pay an amount of Rs. 2,97,500/- [Rupees Two lacs ninety seven thousand five hundred only] by way of compensation along with interest @ 9 % per annum from the date of the petition till the realization of the same.

(2.) The facts in a nutshell are as under;

(3.) Mr. Dakshesh Mehta learned Advocate appearing on behalf of appellant Insurance Company submitted that the claim petition preferred by the claimants Under Section 163-A of the M.V. Act is subject to the provisions contained in the Second Schedule appended thereto. He has submitted that the said Schedule suffers from several defects and, therefore, the Courts/Tribunals cannot use it as a ready reckoner and that it can be used only as a guide. He has, therefore, submitted that the said Schedule is not binding on the Tribunal and, therefore, the same ought not to have been considered while entertaining the application preferred Under Section 163-A of the Act.