NATIONAL INSURANCE COMPANY LIMITED Vs. VIJAYAGAURI KALIDAS

JUDGEMENT

(1.) This appeal is directed against the award dated 24-2-1983 made by the Claims Tribunal (Main), Junagadh in M.A.C. Petition No. 165 of 1981, partly allowing the same and awarding compensation of Rs. 94.000.00 within proportionate costs and interest at the rate of 6 percent per annum, from the date on which the application seeking permission to issue as indigent person was filed, till the realisation of the amount. According to the claimants, on 2-12-1980, deceased Kalidas Durlabji, the owner of the rickshaw No. GTW 467 while being carried in the rickshaw after it was repaired and was being tested by the mechanic Kishor Dayalji, who was driving it, was killed when the rickshaw turned turtle due to the rash and negligent driving of the said driver. The Insurance Company filed its written statement Ex. 23, raising a plea that the Insurance Policy did not cover the use of the vehicle for organised racing, reliability trial or speed testing. The driver of the rickshaw in his objections Ex. 17 denied that there was negligence on his part and contended that the rickshaw dragged towards the left side of the road and the accident had occurred without there being any fault on his part.

(2.) . There was no dispute about the fact that the insured owner was in the rickshaw at the time when after the repairs, it was taken out for trial and had died as a result of the rickshaw turning turtle.

(3.) . The Tribunal held that insured owner had died in the vehicular accident due to the rash and negligent driving of the said vehicle by the driver Kishor Dayalji. It was held that the claimants were entitled to compensation of Rs. 94,000.00 and not Rs. 1.34.000.00 as claimed.