LAWS(GJH)-2007-5-96

NEW INDIA ASSURANCE CO LTD Vs. JERAMBHAI GOVINDBHAI

Decided On May 10, 2007
NEW INDIA ASSURANCE CO LTD Appellant
V/S
Jerambhai Govindbhai Respondents

JUDGEMENT

(1.) THE above First Appeal Nos.501 and 502 of 2002 are at the instance of New India Assurance Co. Ltd. Against the judgement and award dated 28th May 2001 passed by the Motor Accident Claims Tribunal (Main), Bhavnagar, in Motor Accident Claim Petition No.405 and 406 of 1998. The Cross -Objection Nos.114 and 115 of of 2006 are at the instance of original claimants. Cross Objection No.114 was filed by father and mother of deceased Rameshbhai Jerambhai and Cross Objection No.115 of 2006 was filed by the legal heirs of deceased Gauriben Rameshbhai It is required to be noted that during the pendency of the proceedings Jerambhai Govindbhai had also expired.

(2.) THE short facts leading to the filing of the aforesaid Claim are as under:

(3.) AFTER hearing the parties the Tribunal partly allowed the claim petitions and awarded a sum of Rs.2,66,400/ - in MACP No.405/1998 and Rs.2,02,000/ - in MACP No.406/1998 along with interest at the rate of 12% per annum. It is against the said judgement and awards the Insurance Company has filed the aforesaid Appeals.