NATIONAL INSURANCE CO LTD Vs. NIRUBEN NATWARBHAI PATEL

JUDGEMENT

(1.) CHALLENGE in this appeal filed under Section 173 of the Motor Vehicles Act, 1988 ('the Act' for short) is to the correctness of the judgment and award dated 8.10.2004 rendered in Motor Accident Claim Petition No.261 of 1999 by the Motor Accident Claims Tribunal (Aux), 3rd Fast Track Court, Navsari ('the Tribunal' for short) by which the claim petition filed under Section 166 of the Act by respondent Nos.1 to 5 ('the claimants' for short) against the appellant National Insurance Company Limited and respondent Nos.6 and 7, driver and owner of the Jeep Tempo Trex bearing registration No. GJ -6 -AA -9235 ('the offending vehicle' for short) claiming compensation of Rs.37,43,900/ - on account of the untimely demise of Natvarbhai Naranbhai Patel, in a vehicular accident which took place on 14.4.1999 has been partly allowed and thereby the claimants were held entitled to recover compensation of Rs.17,00,500/ - together with interest at the rate of 9% per annum from the date of filing of the claim petition till realization and proportionate costs of the claim petition and accordingly the appellant -insurance company and respondent Nos.6 and 7, driver and owner of the offending vehicle, were jointly and severally held liable to pay the said amount as compensation to the claimants and ordered to pay the same within 30 days.

(2.) AS per the averments made in the claim petition, on the fateful day i.e., 14.4.1999, at about 8.15 P.M. Natvarbhai Naranbhai Patel, was proceeding on his motor cycle bearing registration No.GJ -15 -3322 from Bhinar towards Vansda. He was riding the motor cycle on the correct side of the road, at a moderate speed and with due care and caution. When the motor cycle reached at Nani Bhamti village, on Billimora -Vansda Road, from Vansda side, respondent No.6 came with the offending vehicle driving it at an excessive speed and in a rash and negligent manner. As a result of negligent driving on the part of respondent No.6, he lost control over the offending vehicle and it dashed with the motor cycle on which Natvarbhai was proceeding. As a result of the severe impact, Natvarbhai was thrown off the motor cycle and fell on the road which resulted in serious injuries all over his body. While he was being shifted to hospital from the place of the accident, he succumbed to the injuries on the way. After the accident, respondent No.6, the driver of the offending vehicle fled from the scene of accident. An FIR came to be lodged against respondent No.6, driver of the offending vehicle, at Vansda Police Station.

(3.) THE claim petition was contested by the appellant -National insurance Company Limited by filing written statement wherein, inter alia, the brief particulars of the accident were not admitted. It was denied that Natvarbhai Patel was riding the motor cycle on the correct side of the road and at a moderate speed and at that time the driver of the offending vehicle came from Vansda side driving it in a rash and negligent manner and with recessive speed. It was also denied that as a result of the negligent driving of the offending vehicle by respondent No.6 the accident took place. It was contended that the accident had taken place because of the rash and negligent riding of the motor cycle by Natvarbhai who lost control over it and dashed it with the offending vehicle and as a result of it he fell down and sustained injuries. Hence, according to the insurance company, the driver of the offending vehicle was not responsible for the accident and hence the appellant was not liable to pay any amount of compensation to the claimants.