Judgments
Judgments
  1. Home
  2. /
  3. High Court Of Gujarat
  4. /
  5. 2012
  6. /
  7. January

New India Assurance Co Ltd vs Parvatiben Gumanbhai Vasava & 7 Defendants

High Court Of Gujarat|27 April, 2012
|

JUDGMENT / ORDER

1. By way of these appeals, the appellant- Insurance Company has challenged the common judgment and award dated 21.03.2001 passed in MACP Nos.626 of 1990 and 627 of 1990, whereby the Tribunal has partly allowed in a sum of Rs.2,72,000/- to the claimant in MACP No.626 of 1990 and Rs.1,50,000/- to the claimant in MACP No.627 of 1990 together with costs and interest at the rate of 9% per annum from the date of applications, till its realization.
2. The brief facts of the case are that on 11.03.1990, one Gumanbhai was driving his motor cycle bearing Registration No.GTJ-1653 on the said motorcycle, one Bachubhai was pillion rider. At that time, one jeep bearing Registration No.GJG-7738 came from he behind and dashed the motorcycle. As a result thereof, both the deceased received severe bodily injuries and expired. Therefore, their heirs and legal representatives of the deceased preferred the aforesaid claim petitions, wherein the Tribunal passed the impugned judgment and award. Hence, the present appeals.
3. The learned counsel for the appellant has submitted that the Tribunal erred in passing the impugned judgment and award. The Tribunal failed to appreciate the material on record in its true perspective. The amount awarded by the Tribunal is highly exaggerated, and therefore, he has prayed to allow the present appeal.
4. On the other hand, learned counsel for the respondents have opposed the appeals and have prayed to dismiss the same, as being without merit.
5. Heard learned counsel for the parties and perused the material on record. As regards the contentions raised by the learned Counsel for the appellants with regard to the liability, amount awarded by the Tribunal towards compensation etc. are concerned, the Tribunal has elaborately discussed the evidence in detail, more particularly, the evidence in the form of P.M.
Report of deceased-Bachubhai (Exh:41), FIR, Panchnama and other material, which support the case put forward by the original claimants. I have also gone through the impugned order and I find that the compensation awarded by the Tribunal is just and appropriate and in consonance with the evidence on record and the law on the subject. I am in complete agreement with the reasonings given by and the conclusion arrived at by the tribunal, and hence, I find no reason to entertain the present appeals.
6. In the result, the appeals fail and is DISMISSED, accordingly. No order as to costs.
(K.S. JHAVERI,J.) koshti/
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

New India Assurance Co Ltd vs Parvatiben Gumanbhai Vasava & 7 Defendants

Court

High Court Of Gujarat

JudgmentDate
27 April, 2012
Judges
  • Ks Jhaveri
Advocates
  • Mr Ajay R Mehta