ORIENTAL INSURANCE CO LTD Vs. URMILABEN LALLUBHAI PARMAR

JUDGEMENT

(1.) This appeal has been filed by the original opponent No. 3-Oriental Insurance Company Ltd. under Section 173 of the Motor Vehicles Act, 1988 being aggrieved and dissatisfied with the judgment and award dated 6th July, 2001 passed by the Motor Accidents Claims Tribunal (Aux.), Bharuch, in MACP No. 335 of 1997 whereby the Tribunal has awarded Rs. 8,72,500/- with proportionate costs and interest at the rate of 9% per annum to be paid by the opponents jointly and severally from the date of petition till realisation.

(2.) The claim petition was filed by heirs and legal representatives of deceased Lallubhai Babarbhai Parmar claiming compensation of Rs. 15,00,000/- for death of the deceased which is caused in an accident which occurred on 3rd March, 1997 when hired tempo No. GJ-6-U-4796 in which he was travelling with his friend Keshavbhai Parsottambhai Vyas for purchase of a fridge suddenly overturned causing fatal injuries to the deceased. Upon service of summons and on hearing the learned Counsel for the parties and considering the oral as well as documentary evidence on record, the impugned award was passed by the Tribunal.

(3.) I have heard learned Advocate, Mr.K.K.Nair for the appellant and Mr.M.T.M.Hakim for the respondent No. 4. I have also taken into consideration the relevant oral as well as documentary evidence such as FIR, panchnama and other evidence.