ORIENTAL INSURANCE CO LIMITED Vs. BIMLABEN

JUDGEMENT

(1.) THE present appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 ("the Act" for short) challenging the judgement and award dated 3rd October, 2005 passed in M.A.C.P. No.463 of 1994 by the Motor Accident Claims Tribunal (Main), Bharuch ("the Tribunal" for short). The aforesaid claim petition was filed under Section 166 of the Act by the respondent Nos.1 -5, original claimants, against the opponents as driver, owner and insurer of the offending truck bearing Registration No. GJ -1U -5981 to recover the compensation of Rs.15 Lakhs for the demise of the deceased Bhupendrabhai Ravjibhai Patel in a road accident, which took place on 14th October, 1993 on the road going from Ankleshwar to Bharuch near Village: Vagusana.

(2.) THE Tribunal, after considering the evidence adduced and produced by the claimants and the opponents and after hearing the learned Advocates for the parties, allowed the claim petition and directed the opponents to pay jointly and severally a sum of Rs.12,70,500/ - together with proportionate costs and interest at the rate of 9% per annum from the date of the petition till realisation as compensation to the claimants.

(3.) AS it transpires from the judgement and award as well as the pleadings, the deceased Bhupendrabhai R. Patel was going with his friend Jagdishbhai and Rajnikant from Village: Od to Ankleshwar in a Maruti Car bearing Registration No. GJ -6A -2368 and while they were proceedings towards Bharuch and when reached near to Village: Vagusana, District: Bharuch, opponent No.1 -driver of the offending truck bearing Registration No. GJ -1 -U -5981 said to have come in rash and negligent manner and dashed with the maruti car, resulting in the accident and death of all the occupants on the spot, for which the complaint, being C.R. No. I -193 of 1993, was registered against the driver of the truck. Therefore, the aforesaid claim petition was filed by the heirs and legal representatives of the deceased to claim compensation from the opponents, including the present appellant -Insurance Company as an insurer of the offending truck bearing Registration No. GJ -1 -U -5981.