ORIENTAL INSURANCE CO LTD Vs. SAROJBEN GHANSHYAMBHAI SIROYA

JUDGEMENT

(1.) This First Appeal under Sec. 173 of the Motor Vehicles Act (in short 'the Act') is filed by the Oriental Insurance Company Limited (in short 'the Insurance Company') questioning correctness of the common judgment dtd. 7/10/2014 passed by the MACT (Auxi.), Anand in MACP No.1 of 2016 with MACP No.2 of 2006. This Appeal essentially challenges judgment and award passed in MACP No.2 of 2006 which is partly allowed holding that Insurance Company is vicariously liable to pay compensation in tune of Rs.6,39,400.00 with interest @ 9% from the date of filing claim petition till realization with proportionate costs to original claimants.

(2.) Facts leading to filing of this Appeal can be pithily stated as under :-

(3.) On 19/1/2006, deceased Ghanshyambhai Siroya along with Nayankumar Siroya were travelling in Utility Van bearing No.GJ-1-AT-4938 (in short 'Utility Van'). They were travelling from Rajkot to Tarapur. It is alleged that driver of the Utility Van was driving in rash, negligent and excessive speed and during such driving, he lost control over steering which resulted into capsized of the Utility Van. Deceased Ghanshayambhai traveling in Utility Van was seriously injured and succumbed to injury on the spot. This accident has been recorded with the police and complaint is registered against driver of the Utility Van.