NATIONAL INSURANCE CO LTD Vs. DARIYABEN

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and award dated 29.09.1992 passed by the Motor Accident Claims Tribunal (Aux.), Baroda in M.A.C.P. No.686/1991 whereby, the claim petition was partly allowed and the appellants, original opponents, were held liable to pay compensation of Rs.4.95 Lacs to the respondents, original claimants, with interest at the rate of 15% per annum from the date of application till its realization with proportionate costs.

(2.) THE facts in brief are that on 07.12.1990 at about 2100 hrs. while Manibhai Bhaijibhai Parmar was going to his house on his Moped (two-wheeler), he was dashed by a Truck bearing registration no. GOB 8645, driven by appellant no.2, owned by appellant no.3 and insured with appellant no.1-Insurance Company head on. As a result thereof, the sustained several injuries and ultimately, died. Claim Petition was filed before the Tribunal, which came to be partly allowed, by way of the impugned award. Hence, this appeal.

(3.) RD amount towaRDs self expenses. Therefore, the original claimants shall be entitled for Rs.2,25,000/- [15000 X 15] towaRDs loss of dependency benefits as against Rs.4,80,000/- awaRDed by the Tribunal.