NATIONAL INSURANCE CO LTD Vs. CHHATRASING VAGHABHAI PATEL

JUDGEMENT

(1.) Heard Mr. V.C. Thomas, learned advocate for the appellant and Mrs.Vasavdatta Bhatt, learned advocate for the respondent No.3. They jointly submit that the issue involved in the present appeals is covered by the division bench decision dated 08.08.2019 rendered in First Appeal No.204 of 2008. They jointly submitted that the present appeal may also be disposed of on the line of the decision of the division bench.

(2.) Feeling aggrieved and dissatisfied by the judgment and award dated 05.02.2009 passed by the Motor Accident Claims Tribunal (Aux.), Panchmahals at Godhra, in MACP No.657 of 1997 & 7 of 1997, the insurance company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the "Act").

(3.) As per the say of the original claimants, the accident occurred on 01.04.1997 at 10.00 AM between ST bus bearing registration No.GJ-1-Z-3523 and rickshaw baring registration No.GJ-17-U-802 near village Palikheda. It is the say of the claimants that deceased Somabhai was travelling in the rickshaw driven by Gaffar Habib. The said rickshaw was being driven slowly and carefully on the correct side of the road. It is the say of the claimants that when the said rickshaw reached near Mardeshwar Mahadev temple on Lunawada-Godhra road, at that time, the ST bus being driven in rash and negligent manner dashed with the rickshaw from behind as a result of which the rickshaw turned turtle on the road and the deceased and other passengers sustained serious injuries. The FIR.came to be lodged with the Shehra Police Station being I CR.No.54 of 1997. The claim petition was preferred by the original claimants under section 166 of the Act and claimed compensation of Rs.5,00,000/- each. After considering the evidence on record, the Tribunal awarded total compensation of Rs.3,10,500/- with 9% interest upto 31.12.2000 and thereafter, at the rate of 7.5% till its realisation. The Tribuanl upon appreciation of the evidence and FIR.at Exhibit-30 and panchnama at Exhibit-31, came to the conclusion that the driver of both the vehicles, i.e., the ST bus and rickshaw are liable for the accident and attributed 70% negligence to the driver of the bus and 30% negligence to the driver of the rickshaw. Being aggrieved by the said award, the insurance company has preferred this appeal.