NIDHI SHARMA Vs. HIMACHAL PRADESH PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) (Oral) -This is an appeal filed by the appellant insurance company against the judgment and award rendered by the learned Motor Accident Claims Tribunal (Auxiliary), Kheda at Nadiad ( the Tribunal for short) dated 30.12.2003 in MACP No.1182 of 1992, wherein the Tribunal has awarded compensation of Rs.66,564.00 with interest at the rate of 9% per annum.

(2.) The brief facts of the case are that on the date of the alleged incident, i.e. on 11.06.1992 at about 11.00 a.m., injured Prahaladbhai Gohel came to Kheda from his village for service and was walking on the side of the road to reach to Bharat Cement Factory and when he reached near the College, at that time, opponent No.1 came with his scooter No.GJ-7-C-77 driving in a hectic speed and in rash and negligent manner and dashed him from behind. Due to such collision, the appellant- claimant sustained injuries. Thereafter, he was transferred to the hospital and has taken treatment. The present claimant has filed the aforesaid claim petition, wherein, the Tribunal has passed the impugned order. Hence, the present appeal.

(3.) Heard learned Advocate Shri Sunil B. Parikh for learned Advocate Shri Rajni Mehta for the appellant- insurance company, learned Advocate Shri Nirav Thakkar for Respondent No.1 and learned Advocate Shri Manan Paneri for learned Advocate Shri B.D. Karia for Respondent Nos.2-3.