HIMATSINH KUBERSINH RATHOD Vs. RATABEN MADHAVJI PATEL

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act,1988 ('MV Act' for short) emanates from the judgement and award dated 28.01.2005 passed by the Motor Accident Claims Tribunal (Auxi) Gandhinagar in M.A.C.P. No. 191 of 1990. The Tribunal, under the impugned award, held the appellant, who was arraigned as the owner of the offending vehicle and respondent No.10-insurance company of the offending vehicle, to satisfy the award jointly and severally. The Tribunal has, by the impugned judgement, directed respondent No.10-insurance company to pay the compensation to the claimants and then recover the same from the appellant after instituting appropriate proceeding before the appropriate executing Court.

(2.) Facts giving rise to the present appeal emanating from para No.2 of the impugned judgement are as under: The deceased Madhavji on 26.03.1989 was travelling with his goods on hire in truck No. GRN-5463 and the truck driver was driving his truck in rash and negligent manner and he was driving the truck in excessive speed and, therefore, when the truck was going on Gandhinagar-Sarkhej Road and reached near Khoraj village at that time he lost control over the steering and truck over-turned and thereby the deceased sustained serious injuries and ultimately succumbed to the injuries. It is also averred in the claim petition that when the accident took place, the deceased was doing the business keeping the shop at his native place and also doing the agriculture work and thereby he was earning Rs. 3000/- to Rs. 4000/- per month. It is also stated that when the accident took place deceased was aged about 42 years. The truck was owned by the opponent No.2 and it was insured with the opponent No.3-The Oriental Insurance Company when the accident took place, therefore, in these circumstances under the various heads, the claimants have asked the compensation of Rs. 4,00,000/- from the opponents jointly and severally with interest.

(3.) The Tribunal, after conclusion of the trial of the claim petition, partly allowed the claim petition and claimants were entitled to receive Rs. 3,32,000/- as compensation with 9% interest and proportionate cost from the date of application till realization. Respondent No.10-insurance company was directed to pay the awarded compensation and then recover the same from the appellant by initiating proceedings before the concerned executing court.