NATIONAL INSURANCE COMPANY LTD. Vs. LEGAL HEIRS AND REPRESENTATIVES OF DECD. DHAVALBHAI ODHAVJIBHAI SUTARIA AND ANOTHER

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the judgment and award passed by the MAC Tribunal (Main.) Bhavnagar in MACP No. 442 of 2012 dated 6.4.2016, the present Appeal is filed under Section 173 of the Motor Vehicle Act, 1988 (hereinafter referred to as "the Act").

(2.) Heard Mr. Dakshesh Mehta, learned Counsel appearing for the appellant; Mr. Y.J. Patel, learned Counsel appearing for the Opponent No. 1.1 and Mr. A.B. Patel, learned Counsel for the Opponent No. 2. Though served, no one appears for the Opponent No. 1.2.

(3.) The record of the Appeal reveals the following noteworthy facts: 3. 1 That, the Opponent No. 2 herein was the owner of a motorcycle, bearing registration No. GJ-4-AF-1212. The record further reveals that on 30th June 2012, the opponent No. 2 herein is owner of the said vehicle who permitted son of the Opponent No. 1/1 and 1/2- original claimants named Dhaval to ply the said motorcycle. It is also evident from the record that when son of the Opponents No. 1/1 and 1/2- original claimants reached near Anand Hotel on Vartej Nari Road, unknown tractor came from the wrong side and dashed with the motorcycle. The deceased sustained injuries and succumbed, and therefore, Opponents No. 1/1 and 1/2 - original claimants preferred claim petition under Section 163-A of the Act.