ORIENTAL INSURANCE COMPANY LTD Vs. BABUBHAI SHANKERBHAI PRAJAPATI

JUDGEMENT

(1.) HEARD learned advocate Mr. Maulik J. Shelat appearing on behalf of appellant Oriental Insurance Company Limited.

(2.) THE appellant Insurance Company has challenged the award passed by Motor Accident Claims Tribunal, Mehsana in Motor Accident Claim Petition No.1515 of 2002 dated 12th May 2008. The Claims Tribunal has partly allowed by claim and awarded compensation Rs.1,46,200/ - with 9% interest in favour of respondents claimants. The Claims Tribunal has rejected the Motor Accident Claim Petition No.1516 of 2002 filed by driver of motorcycle.

(3.) LEARNED advocate Mr. Shelat raised contention relying upon the decision of Apex Court that risk of the claimant is not covered by insurance policy and Insurance Company is not liable to make any payment of compensation under Section 147 of the M.V. Act to the claimant. It is better that the grounds which are mentioned in the appeal are to be taken into account and incorporated in the said order, therefore, grounds A to D are quoted as under :