NEW INDIA ASSURANCE CO LTD Vs. ABULRAHIM SIDDIKI

JUDGEMENT

(1.) HEARD learned Advocate Ms. Megha Jani for appellant New India Insurance Company and learned Advocate Mr. KK Nair for respondent insurance company as well as learned Advocate Mr. AG Vyas for respondents original claimants in these appeals and civil applications.

(2.) BY filing these appeals, appellant insurance company has challenged common award passed by claims tribunal, Ahmedabad in claim petition no. 1387 of 1998 with claim petition no. 983 of 1998 decided on 22nd April, 2002. In Claim Petition NO. 1367 of 1998, claims tribunal directed opponents no. 1,2 and 3 jointly and/or severally to pay amount of Rs. 6,30,000. 00 to claimants with costs and 10 per cent interest. In Claim Petition No. 983/98, claims tribunal has quantified liability of opponent no. 5 to the extent of 30 per cent and that of opponent no. 3 to the extent of 70 per cent and accordingly directed them to pay total compensation of Rs. 6,90,000. 00 as per their liability quantified by claims tribunal with costs and 10 per cent interest. In Claim Petition NO. 1367 of 1998, claims tribunal has awarded Rs. 9,00,000. 00 total compensation but after deducting 30 per cent towards negligence of deceased, directed opponents to pay Rs. 6,30,000. 00 with costs and 10 per cent interest. In another claim petition, claims tribunal awarded Rs. 6,90,000. 00 against opponent no. 3 and 5.

(3.) IT is necessary to note some brief facts of incident. On 3rd July, 1997, at about 9. 30 a. m. , deceased was going by his truck No. GJ. 1. V. 6998 and was passing on by-pass road near Divagam near Vankodi Naka at relevant time, offending truck No. 786 of opponent NO. 1 got punctured in tube of tyre, as a result, offending truck dashed against said truck No. 6998 of deceased, as a result, deceased as well as conductor (cleaner) died on spot,occupying truck no. 6998.