NATIONAL INSURANCE COMPANY LTD. Vs. KAMAL KHEMCHAND NARWANI

JUDGEMENT

(1.) Heard Mr. Sunil Parikh, learned advocate for the appellant and Ms. J.K. Hingorani, learned advocate for respondent no.1 - original claimant. Though served, no one appears for respondent no.2. The learned advocates appearing for the respective parties have also made available the copies of the relevant evidence led before the Tribunal for perusal of this Court.

(2.) By this appeal under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act"), the appellant - insurance Company has challenged the judgment and award dated 30.12.2016 passed by Motor Accident Claims Tribunal (Aux.), Junagadh in Motor Accident Claim Petition no.308 of 2017, whereby the Tribunal was pleased to partly allow the claim petition filed by the respondent no.1 - original claimant under Section 163A of the Act and granted Rs. 1,32,500/with 9% interest from the date of filing of the claim petition till its realization.

(3.) Mr. Sunil Parikh, learned advocate for the appellant has submitted that challenge is directly against the respondent no.1 - original claimant and therefore, presence of respondent no.2 is not essential. Ms. Hingorani, learned advocate for the respondent no.1 - original claimant has also contended that the mother of the respondent no.1 - original claimant was the owner of the vehicle.