LAWS(GJH)-2018-8-227

LAXMIBEN NANJIBHAI SOLANKI Vs. BHARATKUMAR ATMARAM DABHI

Decided On August 01, 2018
Laxmiben Nanjibhai Solanki Appellant
V/S
Bharatkumar Atmaram Dabhi Respondents

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act is preferred by the original claimants against judgment and award dated 31.07.2009 in MACP No.177 of 1998 by the Motor Accident Claims Tribunal (Auxi.-I), Gandhinagar. Under the impugned judgment and award, the Tribunal has held original opponent Nos.1 and 2 (driver and owner of the offending vehicle) to pay jointly and severally the amount of compensation quantified at Rs. 1,33,000/- with proportionate costs and interest at 7.5% interest. However, by the impugned judgment and award, no liability of the Insurance Company was fixed. This being the main objection, the present appeal is preferred.

(2.) The brief facts are as under:-

(3.) The challenge is on the ground that as per the evidence on record, the deceased-Hetalben was walking as a pedestrian and was run down by offending vehicle. The vehicle being insured with the respondent-Insurance Company, the said Insurance Company should be held liable.