ORIENTAL INSURANCE CO LIMITED Vs. PUSHPABEN SHANKARLAL BRAHMAN

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the judgment and award dated 13.07.2006 of the Motor Accident Claims Tribunal, Kutch at Bhuj in MACP No.664 of 1999 awarding compensation of Rs.6,47,000/- to the widow, minor child and parents of Shankarlal Brahman, who died at the age of 29 years in a motor vehicle accident involving a jeep insured by the appellant insurance Company.

(2.) On 31.05.1999, the deceased, who was employed as a motor mechanic and driver of the tanker, was repairing the tanker at about 09:45 p.m. The jeep insured by the appellant insurance Company being driven by respondent No.5 herein (original opponent No.1) dashed with the tanker and caused serious injuries to the deceased, who succumbed to them. The widow, minor son aged two years and parents of the deceased filed the claim petition for compensation of Rs.10 lacs.

(3.) The Tribunal had no difficulty in holding the jeep driver to be negligent. The deceased was repairing the tanker. The jeep driver lost control over the steering and the jeep was travelling at such excessive speed that it dashed with the stationary tanker and caused fatal injuries to the deceased, who was repairing the tanker.