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National Insurance Co vs Rajubhai Rambhai Boricha & 5 Defendants

High Court Of Gujarat|13 April, 2012
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JUDGMENT / ORDER

1. These appeals are directed against the common judgement and award dated 16.04.2001, passed by the Motor Accident Claims Tribunal(Main), Rajkot, in M.A.C.P. Nos.1107 of 1996, 1108 of 1996 and 11189 of 1996, whereby the Tribunal has awarded compensation in the sum of Rs.1,21,160/- to the claimants of M.A.C.P. No.1107 of 1996, Rs.1,99,000/- to the claimants of M.A.C.P. No.1108 of 1997 and Rs.91,620/- to the claimants of M.A.C.P. No. 1118 of 1996 with interest at the rate of 15% per annum from the date of filing of the petitions till realization and held the present appellant and respondent No.6 liable to pay compensation jointly and severally.
2. The brief facts leading to filing of this appeal are that on 12.04.1996, one Rajubhai, Hansaben Jitendragiri and Tulsidas were travelling in a Maruti Car bearing regisration No. GCW 9914. The said Maruti car was driven by one Sureshbhai Ambaram and insured by the present appellant- Insurance Company. At that time one Chhakdo Rickshaw bearing registration No. 11U 4425(GW 11E 1411) came and dashed the said Maruti car. As a result of the said accident, they sustained grievous injuries and therefore, they filed claim petitions being M.A.C.P. No.1107, 1108 and 1118 of 1996 before the Tribunal for compensation. The Tribunal hearing learned advocates for the parties and after perusing the record, decided the claim petitions and passed the award as stated hereinabove, against which the present appeals are preferred by the appellant-Insurance Company.
3. Learned Counsel for the appellant has submitted that the tribunal erred in passing the impugned judgment and award. He further submitted that the Tribunal has wrongly attributed the contributory negligence. The tribunal failed to appreciate the material on record in its true perspective. The amount awarded by the tribunal are highly exaggerated, and therefore, he has prayed to allow the present appeals.
4. Heard learned counsel for the parties and perused the material on record. As regards the contentions raised by the learned Counsel for the appellant with regard to the amounts awarded by the Tribunal under different heads together with interest thereon, and with regard to the negligence are concerned, I have gone through the impugned award and I find that the compensation awarded under the respective heads are just and appropriate and in consonance with the evidence on record and the law on the subject. Even otherwise the claim amount in these appeals are less than Rs.1,00,000/- and it has been the consistent practice of this High Court not to enter into the merits of those appeals wherein the claim in appeal is small, and claims upto Rs.1,00,000/- have been quantified by this Court as petty claims. Therefore, I am in complete agreement with the reasonings given by and the conclusion arrived at by the Tribunal and hence, I find no reasons to entertain the present appeal.
5. In the result, these appeals are dismissed. No order as to costs.
(K.S. JHAVERI,J.) pawan
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Title

National Insurance Co vs Rajubhai Rambhai Boricha & 5 Defendants

Court

High Court Of Gujarat

JudgmentDate
13 April, 2012
Judges
  • Ks Jhaveri
Advocates
  • Mr Dakshesh Mehta