ORIENTAL INSURANCE COMPANY LIMITED Vs. ABBAS KASAMBHAI GHANCHI

JUDGEMENT

(1.) The road accident giving rise to this group of two appeals, under Sec. 173 of the Motor Vehicles Act. 1988 ('the Act' tor short hereinafter), occurred on 14-7-1994, between 4 to 5 p.m., near village Rajpara, on Bhavnagar-Rajkot Highway. In the said accident, deceased Keshavbhai Devsibhai sustained serious injuries and succumbed to the same and, therefore, his heirs and legal representatives claimed an amount of Rs. 7,00,00().00 by way of compensation, by filing M.A.C.P. No. 317 of 1994. against the appellants/original opponents, and the injured claimant, Abbas Kasam, claimed an amount of Rs. 2,50,000.00 by way of compensation, by filing M.A.C.P. No. 357 of 1994, against the appellants, under the provisions of Sec. 166 of the Act.

(2.) The respondents, who are original claimants, inter alia, contended that injured Abbas Kasam was proceeding on his moped at the relevant time and deceased Keshavbhai was the pillion rider and both of them were proceeding towards Sihor, from Bhavnagar. When the said moped reached near village Rajpara, Khodiar. on Rajkot-Bhavnagar Highway, at that time, a jeep No. GAQ 5480, driven by appellant No. 2/original opponent No. 1, came from opposite direction, with excessive speed and on wrong side, and dashed against the moped, as a result of which both the riders were thrown off the moped on the road and deceased Keshavbhai, who was aged 29, sustained serious injuries and succumbed to the injuries and Abbasbhai Kasambhai sustained serious injuries, resulting into permanent partial disablement.

(3.) The opponent Nos. I and 2, i.e., the driver and the owner of the jeep, did not appear and contest the claim. The original opponent No. 3/appellant No. 1 herein, the insurer, filed written statement, at Ex. 11, inter alia, controverting the allegations and averments made in the claim petitions.