(Per : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. The appellant-Insurance Company has challenged judgment and award dated 14.12.2011 passed by the Motor Accident Claims Tribunal, Morbi in Motor Accident Claims Petition No.155 of 2009. It appears that there was an collision between the tanker insured by the present appellant-Insurance Company and truck insured by respondent No.3-Reliance General Insurance Company Limited. Due to impact of collision steering rod of the truck brock down, as a result, the truck dashed against a motorcyclist coming from the opposite direction. In the result, the motorcyclist died. His dependents had, therefore, filed the abovementioned claim petition. The Claims Tribunal holding that the drivers of the tanker as well as the truck were equally responsible for causing the accident, awarded compensation of Rs.5,73,600/- to the claimants.
2. In the present appeal, there is no challenge to the compensation awarded by the Claims Tribunal. Sole challenge of the appellant-Insurance Company is with respect to negligence of the two drivers. When we perused the appeal memo, it becomes clear that all grounds are directed against the finding of the Tribunal with respect to negligence. It is the contention of the Insurance Company that the driver of the Truck should have been held solely negligent in causing the accident.
3. We are inclined to consider this issue at this stage itself. Since the claimants are not affected, we do not trouble them to hear them at least at this stage.
4. In the result, issue notice for final disposal to respondenteds Nos.2 to 4 only, returnable on 14.06.2012.
(AKIL KURESHI, J.) (C.L. SONI, J.) Hitesh Top