NATIONAL INSURANCE CO LTD Vs. NIMITABEN KANTIBHAI PATEL

JUDGEMENT

(1.) THIS Appeal preferred under Section 173 of the Motor Vehicles Act, 1988 arises from the common judgment and order dated 30th January 2009 passed by the Motor Accident Claims Tribunal (Auxi.), Vadodara in so far as the claimant in Motor Accident Claim Petition No. 73 of 2005 has been awarded compensation in the sum of Rs. 51,600/- with interest at the rate of 7. 5% per annum.

(2.) THE aforesaid claim arose from an accident occurred on 4th December 2003 on Surendranagar-Vadodara highway at around 1. 15 in the afternoon. In the incident of head-on collision between the truck bearing registration No. GJ. 9. T. 5131 and the Santro car bearing registration No. HR. 26. J. 7233, the respondent-claimant, a passenger in the Santro car suffered injuries. For the said injuries, she has been awarded compensation in the sum of Rs. 51,600/- with interest at the rate of 7. 5% per annum.

(3.) THE present Appeal is preferred by the insurer of the offending truck mainly on the ground that it was the driver of the Santro car who was negligent. The offending truck's driver was not negligent and the compensation should be reduced to the extent of negligence of the driver of the Santro car. The challenge is restricted to Rs. 10,320/ -.