ORIENTAL INSURANCE CO LTD Vs. NIRU

JUDGEMENT

(1.) Admit. Learned Advocate Mr.Premal Rachh for the respondent Nos.1, 2 & 3, learned Advocate Mr.Mansuri for the respondent Nos.4 & 5 and learned Advocate Mr.Dhamani for the respondent No.6 waive service of notice of Admission. With the consent of the learned Advocates for the parties, the appeal was heard finally.

(2.) The First Appeal filed under Section 173 of the Motor Vehicles Act (hereinafter referred to as "the MV Act") is directed against the judgement and award dated 19.12.2017 passed by the MAC Tribunal (Main), Surat in MACP No.891 of 1995, whereby the Tribunal has awarded Rs.79,03,540/- with interest at the rate of 9% per annum thereon from the date of claim petition till the realization, for the death of the Nareshbhai Balvantrai Desai, the husband of the respondent No.1 and father of the respondent Nos.2 and 3 (original claimants).

(3.) The facts giving rise to the present appeal in nutshell are that the respondent Nos.1, 2 and 3 (original claimants) had filed the MACP No.891 of 1995 under Section 166 of the MV Act, claiming compensation to the tune of Rs.1 crore, which was subsequently permitted to be enhanced to Rs.1,30,00,000/- from the present respondent Nos.4, 5, 6, and 7 for the death of the deceased Nareshbhai. As per the case of the claimants, on the date of the accident i.e. on 18.11.1995 at about 9.30 a.m., the said Nareshbhai was going towards Surat from Kosamba in his Maruti Car bearing Registration No.GJ-16-C-1123 driven by the present respondent No.6 (original Opponent No.4), and at that time, the respondent No.4 (original Opponent No.1) driving the truck bearing Registration No.GRN-4998 came from the opposite side rashly and negligently and dashed with the car of the said Nareshbhai. As a result thereof, Nareshbhai sustained serious injuries and other occupants of the car also sustained injuries. The said Nareshbhai was thereafter admitted to the Mahavir Hospital, where he succumbed to the injuries on 21.11.1995. The respondents - claimants, therefore, had filed the claim petition, which came to be partly allowed by the Tribunal as stated herein above vide the award dated 19.12.2017. Being aggrieved by the same, the appellant Insurance Company in respect of the offending truck has preferred the present appeal.