ORIENTAL INSURANCE CO LTD Vs. PARBAT GOVIND VARU

JUDGEMENT

(1.) MR. H. M. Prachchhak for the respondent nos. 2 and 3 has placed on record two registered AD slips and stated that in spite of his writing two letters to the parties, he has not received instructions. The appeal is of the year 1997 and therefore the same is taken up for hearing.

(2.) THIS appeal is directed against the judgement and award dated 15th February 1997 passed by the Motor Accident Claims Tribunal (Special), Junagadh at Porbandar in Motor Accident Claims Petition No. 104 of 1994 whereby the Tribunal has awarded a sum of Rs. 29,150/- along with interest at the rate of 12% per annum from the date of application till the amount is deposited.

(3.) THE incident in question has taken place on 10th April 1994. On that day the applicant was proceeding with his mother from Kutiyana bus stand when the original opponent no. 1 came rushing with his rickshaw from Porbandar side and dashed the applicant. The applicant sustained injuries and he was taken to the hospital where he took treatment. In respect of this incident the applicant has filed the aforesaid claim petition claiming a sum of Rs. 1 lac. After hearing the parties the Tribunal awarded a sum of Rs. 29150/ -. The Insurance Company has therefore filed the present appeal against the judgement and award of the Tribunal.