LAWS(GJH)-2019-7-205

NEW INDIA ASSURANCE COMPANY LIMITED GODHRA Vs. DINESHKUMAR SHRIRAM SUBHAG YADAV [DELETED] & 6 OTHER(S)

Decided On July 31, 2019
New India Assurance Company Limited Godhra Appellant
V/S
Dineshkumar Shriram Subhag Yadav [Deleted] And 6 Other(S) Respondents

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and award dated 09.11.2009 passed by the Motor Accident Claims Tribunal (Main), Dahod in MACP No.214 of 2007, the Insurance Company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the "Act").

(2.) The facts indicating that Jaymalaben Nikhilkumar Pathak was working as a Teacher along with other teachers was driving in Jeep bearing registration No. GJ-17-C-4834 between Dahod to Godhra. The record indicates that when the said vehicle reached village Jekot, Eicher Tempo bearing registration No.GJ-16-X-6349 being driven in rash and negligent manner and in excessive speed came from other side and dashed with the Jeep, that too, on wrong side, because of which, deceased Jaymalaben and other sustained injuries and ultimately succumbed to the same. An FIR came to be lodged with the Dahod Rural Police Station bearing I-CR-No.45 of 2007. The respondents - original claimants preferred Claim Petition under Section 166 of the Act and claimed compensation of Rs.41,20,000/-.

(3.) Heard Mr. Vibhuti Nanavati, learned advocate for the appellant, Mr. MTM Hakim, learned advocate for the original claimants and Mr. Sabir Saiyad, learned advocate for the respondent no.3. Though served, nobody appears on behalf of other respondents.