UNITED INDIA INSURANCE CO LTD Vs. USHABEN

JUDGEMENT

(1.) CHALLENGE in this appeal filed under Section 173 of the Motor Vehicles Act ('the Act' for short) is to the judgment and award dated 7.5.2005 rendered in MACP No. 855 of 1994 by the Motor Accident Claims Tribunal (Aux.), Joint District Judge, 4th Fast Track Court, Surat ('the Tribunal' for short) by which the claim petition filed under Section 166 of the Act by respondent Nos.1/1 to 1/5 - original claimants ('the claimants' for short) against the appellant United India Insurance Company Limited and respondent Nos.2 and 3, i.e., driver and owner of the motor vehicle involved in the accident being Truck bearing registration No. GJ -7T -6090, to recover compensation of Rs.30 lacs on account of the untimely demise of Kamleshkumar Chaganlal Panchal in a road accident which took place on 1.8.1994, has been partly allowed and thereby the appellant -insurance company and respondent Nos.2 and 3, driver and owner were directed to pay, jointly and severally, a sum of Rs.9,73,000/ - together with interest at the rate of 9% per annum from the date of the application till realization and proportionate costs, as compensation to the claimants.

(2.) AS per the averments made in the claim petition, on the fateful day i.e., 1.8.1994, deceased Kamleshkumar Chaganlal Panchal was proceeding on his scooter bearing registration No. GJ 16 2251, in company of Dineshbhai Panchal as a pillion rider.

(3.) ON the pleadings of the parties, the Tribunal framed issues and after considering the evidence, oral as well as documentary, more particularly the oral evidence of Respondent No.1 - Ushaben recorded at Exh. 27, the complaint at Exh.28 and panchnama at Exh.29 adduced and produced by the claimants and the submissions advanced by the learned advocates appearing for the parties, came to the conclusion that the accident was the result of rash and negligent driving on the part of the driver of the offending Truck bearing registration No. GJ 7T 6090. The Tribunal came to the conclusion that the deceased Kamleshkumar, rider of the Scooter was not contributory negligent.