NATIONAL INSURANCE CO LTD Vs. MAGANBHAI ARJANBHAI RUDANI

JUDGEMENT

(1.) HEARD learned advocate Mr. Mehul Sharad Shah appearing on behalf of appellant " National Insurance Company Limited.

(2.) THE appellant has challenged the award passed by Motor Accident Claims Tribunal (Aux.) at Gondal in Motor Accident Claims Petition No. 425 of 1997 decided on 10th April 2008. The Claims Tribunal awarded the compensation of Rs. 3,03,300/- with 9% interest in favour of respondent claimant.

(3.) LEARNED advocate Mr. Shah raised contention before this Court that deceased was travelling in goods vehicle not as an owner of the goods and there was no evidence that he was owner of the goods travelling in goods vehicle and this fact was not established by the claimant before the Tribunal by leading proper evidence and therefore, Tribunal has committed gross error in coming to conclusion that deceased was travelling as an owner of goods. He also raised contention that driver and owner normally not to be examined, because, they are not giving cooperation for giving evidence against them, therefore, driver was not examined. The driver of goods vehicle was not having a legal and valid licence for transport vehicle, as such, no endorsement upon the licence as per Section 3 of the Motor Vehicles Act. He also raised contention that quantum fixed by Tribunal is in higher side, age of parents is not considered by the Tribunal, multiplier 13 is also on higher side and only 8 multiplier is to be applied and because deceased was unmarried, 2/3rd deduction is necessary, only 1/3rd dependency benefit is available to the claimants. He relied upon one decision of Apex Court in case of Thokchom Ongbi Sangeeta and Another v. Oriental Insurance Co. Ltd. and Others reported in 2008 ACJ 6. This decision of Apex Court held that if any passenger travelling in goods carriage, then, Insurance Company would have no liability, therefore, learned advocate Mr. Shah relied upon this judgment.