NATIONAL INSURANCE CO LTD Vs. VALLABHDAS LADHABHAI JIVANI

JUDGEMENT

(1.) THE appellant herein challenges the judgment and award rendered by Motor Accident Claims Tribunal (Aux.), Rajkot, at Gondal, on 29th March, 2001 in Motor Accident Claim Petition No.409 of 1993.

(2.) THE said Claim Petition was preferred by heirs and legal representatives of one Dalpatkumar Vallabhdas Jivani, who died in a vehicular accident that occurred on 12.07.1993, at 10.00 p.m. on Kolki -Supedi Road. The deceased was driving Motorcycle No. GUK -1529 and was travelling along with his wife, Heena, and son, Sameer, aged about 10 years. Truck No. GTB 6522 was proceeding ahead of the motorcycle and the driver of the truck suddenly applied brakes. The deceased could not avert the accident because of on coming traffic and the motorcycle dashed against the truck from behind. The deceased sustained fatal injuries and succumbed to them.

(3.) THE Tribunal, after considering the evidence led by parties, came to a conclusion that the deceased himself was responsible for the accident to the extent of 40 per cent while the truck driver was responsible to the extent of 60 per cent. The Tribunal also came to a conclusion that the claimants were entitled to a total compensation of Rs.18,10,000/ - and, after deducting 40 per cent on account of negligence attributed to the deceased, the Tribunal came to a conclusion that the claimants were entitled to a total compensation of Rs.10,86,000/ -. But since the claimants had restricted their claim to Rs.10 lakh, the Tribunal awarded the compensation in toto as prayed for with interest at the rate of 9 per cent per annum.