ORIENTAL INSURANCE CO LIMITED Vs. MANALABEN RAGHAVBHAI MIYANI

JUDGEMENT

(1.) THIS appeal arises out of the judgment and award rendered by the Motor Accident Claims Tribunal (Aux.), Court No.20, Ahmedabad in Motor Accident Claim Petition No.1655 of 1998. The said claim petition was preferred before the Tribunal by the present respondent Nos.1 and 2 against rest of the respondents and the present appellant claiming compensation for accidental death of Raghavbhai husband of claimant No.1 and the father of claimant No.2. The unfortunate accident occurred on 23.10.1998 involving Fiat Car No.GJ 2A 8268 which was driven by respondent No.4 herein and tanker No.GTS 8834. Deceased Raghavbhai was occupant of the car. The undisputed fact is that tanker was parked on the road and fiat car dashed into it from behind. The accident occurred at about 7.45 p.m.

(2.) THE case of the opponents before the Tribunal in the written statement was more or less in the form of denials. A plea was taken that since the tanker was parked on the road, there was either no negligence on the part of the driver of the tanker or his negligence would be lesser. The claimants were put to strict proof on other aspects.

(3.) THE claimant led oral evidence by examining herself at Exh.50 and examining Labour Officer of Dudh Sagar Dairy at Exh.55 to prove the income of the deceased. On negligence aspect, the car driver Amishkumar was examined at Exh.73 and Harishankar Shukla owner/driver of the tanker at Exh.69.