Mr. R.M. Chhaya, J. - (1.) Being aggrieved and dissatisfied by the judgment and award dated 29.04.2015 passed by the Motor Accident Claims Tribunal (Main), Valsad in MACP No. 206/10, the appellant insurance company has filed the present appeal under section 173 of the Motor Vehicles Act, 1988.
(2.) The following facts emerge from the record of the petition. The son of the respondent claimants viz. Sandeep along with his friend Khernar were travelling from Selvas to Vapi on motorcycle bearing RTO registration No. GJ15AA5671 on 09.06.2010 at about 8.30 in the morning. The record shows that deceased Sandeep was driving the said vehicle as per traffic rules in a slow speed on the left hand side of the road and when the motorcycle driven by the deceased reached Dungara Falia, abetting on Vapi Selvas main road, the truck container bearing registration No. HR671773 was being driven in excessive speed in a rash and negligent manner and had dashed with the motorcycle from behind resulting into fatal injuries upon deceased Sandeep. The record indicates that deceased Sandeep was 26 years old and was working as Junior Engineer in Ipco Laboratories drawing monthly salary of Rs. 11,000/and was possessing Master of Science degree. The respondents claimants are parents of the deceased Sandeep. The FIR was also lodged and panchnama was drawn. Ultimately, the respondents claimants preferred application under section 166 of the Act and claimed compensation of Rs. 10,00,000/. The record of the Tribunal indicates that the driver was deleted from the array of the petition and even though notice was published by substituted served in Government Gazette, the owner did not appear before the Tribunal and therefore, the Tribunal ex parte proceeded further.
(3.) Respondent no.1 is deleted. Though served, respondents have not appeared and therefore, this Court was left with no option but to hear the learned counsel for the appellant and on the basis of the record, passed appropriate order.;