LALITA PISHORILAL VIJAN Vs. OMPRAKASH PISHORILAL VIJAN

JUDGEMENT

(1.) THIS group of appeals arises out of a judgment and order rendered by Motor Accident Claims Tribunal (Main), Vadodara, in Motor Accident Claim Petitions No. 1067, 1989 and 1090 of 1991, rendered on 19. 11. 1997. 1. 1 First Appeal No. 1014 of 1998 is preferred by original claimants in Motor Accident Claim Petition No. 1067 of 1991 for enhancement of the award, whereas First Appeals No. 1030 to 1032 of 1998 are preferred by the insurer of the vehicle involved in the accident, challenging the award as being excessive.

(2.) THE facts of the case, in brief, are that, one Pishorilal Vijan was travelling by Car No. MAP 4595 along with one Lal Saheb Yadav and Mohammed Abdul Rahim from Bombay to Baroda on 24th January, 1991, on National Highway No. 8. When the vehicle reached near village Kapurai, the vehicle collided with an ongoing vehcile. In the accident, all the three expired. The vehicle was driven by Nazir Khan, who, subsequently, expired. According to the claimants, the accident occurred because of rash and negligent driving by both the drivers.

(3.) AFTER considering the evidence led by the parties, the Tribunal partly allowed the applications and awarded a compensation of Rs. 5,02,000/ in Motor Accident Claim Petition No. 1067 of 1991, a compensation of Rs. 1,48,000/ to the claimants in Motor Accident Claim Petition No. 1089 of 1991 and Rs. 1,48,000/ to the claimants of Motor Accident Claim Petition No. 1090 of 1991.