ORIENTAL INSURANCE COMPANY LIMITED Vs. GALBIBEN DOSAJIBHAI MANJIBHAI

JUDGEMENT

(1.) HEARD learned Advocate Ms. Megha Jani for appellant Insurance Co. and learned Advocate Mr. SM Gohil as well as learned Advocate Mr. Sunil S. Trivedi for respective respondents claimants in this group of appeals.

(2.) BY filing this group of appeals, appellant has challenged common award made by MACT (Main) Banaskantha District at Palanpur dated 11th July, 2008 in MACP No. 217 of 1990, wherein claims tribunal has awarded Rs. 4,33,000.00 in favour of claimants and jointly and severally against opponents with 9 per cent interest along with proportionate costs. In MACP No. 365 of 1990, claims tribunal has awarded Rs. 4,13,800/ - in favour of claimants and jointly and severally against opponents with 9 per cent interest along with proportionate costs. In MACP No. 445/90, claims tribunal has awarded Rs. 3,70,600/ - in favour of claimants and jointly and severally against opponents with 9 per cent interest along with proportionate costs. In MACP No. 446/90, claims tribunal has awarded Rs. 3,92,200/ - in favour of claimants and jointly and severally against opponents with 9 per cent interest along with proportionate costs. In MACP No. 471/90, claims tribunal has awarded Rs. 48,284.00 in favour of claimants and jointly and severally against opponents with 9 per cent interest along with proportionate costs. Common award made by claims tribunal in aforesaid claim petitions is challenged by appellant insurance company in this group of appeals.

(3.) ACCIDENT occurred on 25th February, 1990 at about 10.30 a.m. on account of rash and negligent driving of driver of offending vehicle being ST Bus bearing Registration No. GJ -01 -T -9008 and driver of offending vehicle being tempo bearing registration No. GRY -5566. Driver of tempo received injury in said accident and also filed claim petition No. 206 of 1990 and gave his evidence vide Exh. 179. Claims Tribunal has examined issue of negligence and has come to conclusion that driver of bus of GSRTC is negligent to the extent of 70 per cent and driver of tempo is negligent to the extent of 30 per cent and accordingly passed impugned award holding opponents jointly and severally liable to pay compensation awarded by it. Present appellant is insurance company of tempo involved in accident took place in 1990. Claim Petitions filed by claimants in 1990 remained pending for about eighteen years before claims tribunal for decision. After passage of eighteen years, claims tribunal made common award which is under challenge in these appeals.