NATIONAL INSURANCE CO LIMITED Vs. NANDINIBEN NAYANKUMAR PATEL

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) PRESENT First Appeals are filed by the Insurance Company challenging the common judgment and Award passed by learned MACT(Aux), Ahmedabad City in MACP No. 529 of 1997 to 531 of 1997 dated 19.06.2001. Learned counsel appearing for the Insurance Company has submitted that the driver of the car was negligent in driving the car. Learned counsel for the Insurance Company also submitted that there was break mark of tyre of the car on road, where the accident has taken place and three persons were died in the said accident.

(3.) THE arguments advanced by learned counsel for the Insurance Company itself suggests that the car driver was so vigilant and had taken all steps by applying break and because of applying break, there was mark of break on the road for about 52 feet and therefore, it cannot be said that the driver of the car was not vigilant and there was negligence on the part of driver as the car in question being Cello (a second generation car), which would be considered to be in excessive speed, dashed with a truck, which was parked in the middle of the road without any signal or reflector as per the traffic rules. It is expected that the car would run in such a speed on highway and therefore, the negligence pleaded on the part of driver is not required to be entertained.