UNITED INDIA INSURANCE COMPANY Vs. LAXMIBEN ARVINDBHAI PATEL

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the common judgment and award dated 26th September 2005 passed by the Motor Accident Claims Tribunal (Aux.), Court No. 14, Ahmedabad City, Ahmedabad in Motor Accident Claim Petition No. 1624 of 1998 and allied claim petitions, the appellant-Insurance Company has preferred this Appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act" for the sake of brevity).

(2.) At the outset, it deserves to be noted that four different claim petitions were filed, being M.A.C.P. No. 1621/1998, wherein the Tribunal awarded compensation of Rs. 85,000/-; M.A.C.P. No. 1622/1998, wherein the Tribunal was pleased to award compensation of Rs. 1,54,000/-; M.A.C.P. No. 1623/1998, wherein the Tribunal was pleased to grant compensation of Rs. 1,84,000/- and in M.A.C.P. No. 1624/1998, the compensation of Rs. 11,00,000/- has been awarded by the Tribunal. Ms. Sharmishta A. Dave, learned advocate for the appellant-Insurance Company has candidly submitted that the Insurance Company has accepted the award passed in M.A.C.P. No. 1621/1998, 1622/1998 and 1623/1998, as the amount of award being reasonable, and the present appeal is preferred only against judgment and award passed in M.A.C.P. No. 1624/1998.

(3.) Following facts emerge from the record of the appeal :-