IFFCO TOKIO GENERAL INSURANCE Vs. SAMEERA HAJIMIYAN PATEL

JUDGEMENT

(1.) The Thirtieth day of May, 2014 proved to be a hapless day for one mother and her daughter, when they along with other family members were travelling in Tata Sumo vehicle MH-04-BD-5592 on Bombay National Highway road, which met with an accident. The duo sustained serious injuries which has left them in a tribulation, impacting their physical and mental health and are till date, suffering from pangs of misery, and distress.

(2.) Two separate claims came to be instituted before the MACT at Thane, numbered as, MACP No.661/2014 and MACP Nno.662/2014 by Smt.Sameera Patel, aged 37 years and Kum. Zuleka Patel, aged 19 years, seeking compensation u/s.166 of the Motor Vehicles Act, 1988. By two separate judgments, the Tribunal awarded the compensation, Smt.Sameera being awarded compensation of Rs. 20,87,954.00 along with interest @ 7% p.a. and Kum. Zuleka being awarded compensation of Rs. 22,50,727.00 with proportionate interest @ 7% p.a. The liability to pay the compensation was imposed on the owner of the vehicle which was held to be responsible for the ghastly accident and the Ifco Tokio General Insurance Co. Ltd, the insurer, jointly and severally.

(3.) The Insurance Company is aggrieved by the award of compensation in favour of the claimants and by the direction of the Tribunal jointly holding it liable for payment of compensation to the victim. It has instituted two distinct Appeals and since both the Appeals arise out of the same accident, they are clubbed together and decided by this common judgment. The counsel for the appellants raised some grounds which are common to both the appeals and also argued each Appeal separately while challenging the quantum of compensation.