By way of filing this appeal, the appellant – insurance company has challenged the judgment and award dated 29th April 1999 passed by the learned Motor Accident Claims Tribunal (Main), Kachchh at Bhuj in Motor Accident Claim Petition No.422 of 1997 whereby the Tribunal awarded Rs.3,93,500 towards compensation to the claimants along with interest at the rate of 15% from the date of application till realisation. 2 The short facts of the present case are that the deceased – Ramju Nurmamad Julan was a Driver and on the fateful day he was driving tanker bearing No.GJ-12-T-9807 from Kota to Kandla. It is the case of the claimants that on 8th April 1996 at about 7.30 hours while the deceased was driving tanker between village Posalia and Arathwada on National Highway No.14, at that time, the said tanker was given dash by the offending truck bearing No.HR 47 1995 due to which deceased sustained grievous injuries and died on the spot. At the time of his death, he was aged 25 years and was earning Rs.4,500 per month. The respondents – original claimants therefore filed MAC Petition No.422 of 1996 before the MAC Tribunal, Kachchh at Bhuj claiming the compensation of Rs.6,57,000.
3 The Tribunal considered the monthly income of the deceased as Rs.3,000 and considering the age of the deceased between 30 and 35 years arrived at Rs.5,76,000 towards future economic loss. Out of the said amount, the Tribunal deducted 1/3rd amount and thereafter awarded Rs.3,84,000 to the respondents under the head of future economic loss. The Tribunal has also awarded Rs.2,000 toward funeral expenses, Rs.5,000 towards loss of consortium and Rs.2,500 towards loss of estate. Thus, in all, Rs.3,93,500 was awarded to the original claimants along with interest at the rate of 15%.
4 Feeling aggrieved by and dissatisfied with the aforesaid judgment and award, the appellant – insurance company has filed this appeal against the same.
5 Heard Shri Vibhuti Nanavati for the appellant, insurance company of truck bearing No.HR 47 1995 submits that in the claim petition the claimants have stated that the Tanker No.GJ 12 T 9807, which was insured by the appellant, was being driven by the deceased carefully and due to the fault on the part of the other vehicle the accident took place. Thus, there is no allegation against the appellant-insurance company and the same is required to be exonerated.
6. The contention of the appellant – insurance company deserves to be accepted and the same is accepted. The appellant is not required to satisfy the award. It will be open for the claimants to claim the the amount of compensation from opponent No.9 – Oriental Insurance Company.
In the result, the Appeal is partly allowed to the aforesaid extent with no order as to costs.
(K.S.Jhaveri, J.) *mohd