ORIENTAL INSURANCE CO LTD Vs. GANGABEN SALAMBHAI NAYAK

JUDGEMENT

(1.) The appellant has challenged judgment and award passed by M.A.C.T., (Auxi.), Panchmahals at Godhra in M.A.C.P. No. 1883 of 2000 Exh. 34 decided on 30th June, 2009. The Claims Tribunal has awarded Rs. 4,15,000/- with 8% interest in favour of respondents-claimants.

(2.) Learned Advocate Mr. K. K. Nair appearing on behalf of appellant- Insurance Company raised number of contentions before this Court challenging award in question. He submitted that deceased was travelling on roof of tempo when admittedly vehicle is goods vehicle. The F.I.R. filed by cleaner of tempo not asked deceased to sit on roof of tempo, deliberately deceased was travelling on roof of tempo.

(3.) I have considered the submissions made by learned Advocate Mr. K. K. Nair and I have also perused award passed by Claims Tribunal, Godhra.