NATIONAL INSURANCE CO LTD Vs. MAKUBEN RANCHHODBHAI CHAND

JUDGEMENT

(1.) Heard learned advocate Mr.Dakshesh Mehta for the appellant and learned advocate Mr. Hemal Shah for the respondent no.6. Respondents no.1 to 5 though duly served have remained absent.

(2.) Appellant is original respondent no.3, respondents no.1 to 4 are original claimants, respondent no.5 is driver whereas respondent no.6 is owner of the vehicle in question.

(3.) Claimants have preferred M.A.C.P. No.212 of 2001 before Motor Accident Claims Tribunal (Main), Kutch at Bhuj under Section 163 A of the Motor Vehicles Act claiming Rs. 3,93,500/-, because of accidental death of Ranchodbhai Sava Chad. It is contended in such application that when deceased - victim was proceeding from Laliyana to Chandrodi in vehicle No.GJ- 12 V-7666 along-with other passengers while in employment of opponent no.2 was driving the said vehicle which dashed with on coming truck and thereby, victim sustained serious injuries and succumbed. Therefore, it is contended that death of the victim was because of negligence of drivers of both the truck and vehicle in which he was traveling. The tribunal has after considering the rival submissions, by impugned judgment and award dated 09.12.2004, awarded an amount of Rs. 1,53,500/- only with 9% interest.