New India Assurance Company ... vs Taluka Development Officer
2023 Latest Caselaw 2140 Guj

       C/FA/3108/2009                              ORDER DATED: 07/03/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/FIRST APPEAL NO. 3108 of 2009

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               NEW INDIA ASSURANCE COMPANY LIMITED
                                  Versus
              TALUKA DEVELOPMENT OFFICER & 8 other(s)
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Appearance:
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
MR GC MAZMUDAR(1193) for the Defendant(s) No. 4
MR HG MAZMUDAR(1194) for the Defendant(s) No. 4
MR HS MUNSHAW(495) for the Defendant(s) No. 1
MS AMRITA AJMERA(5204) for the Defendant(s) No. 6,7,8
RULE SERVED for the Defendant(s) No. 5,9
RULE UNSERVED for the Defendant(s) No. 2,3
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     CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT

                               Date : 07/03/2023
                                 ORAL ORDER

1. Insurance Company as appellant has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 ("the Act" for short) challenging the judgment and award of the Tribunal dated 17.3.2009, passed by Motor Accident Claims Tribunal - Main, Surrendranagar in MACP No.673 of 2002 wherein the Tribunal awarded total compensation of Rs.9,00,044/- with interest @ 9% p.a. from the date of filing of the claim petition till realization with proportionate cost. The Tribunal further held opponent No.1 owner of Tata Sumo, opponent No.2 -Insurance Company of Tata Sumo, opponent No.3 - driver of truck, opponent No.4 - owner of truck and opponent No.5 - Insurance Company of Truck jointly and severally liable

C/FA/3108/2009 ORDER DATED: 07/03/2023

for the payment of compensation.

2. Facts in brief are that on 8.7.2002 Pravinsinh Rambhai was driving Tata Sumo GJ-13G-1131 and when he reached near the place of occurrence, a truck No.GJ-1T-6220 came in a rash and negligent manner and dashed with Tata Sumo, for which, Pravinsinh Rambhai (deceased hereinafter) received serious injuries and succumbed to same. It was case of the original claimants that the accident occurred on account of sole negligence on the part of the driver of truck. The legal heirs of the deceased as original claimants has filed claim petition under Section 166 of the Act seeking compensation of Rs.10,00,000/- with interest @ 18 % p.a.

3. Upon claim petition being filed, the tribunal issued notices. The respective Insurance Companies appeared and filed their respective written statement. Hearing the parties, the Tribunal decided the issue as under:

(i) In relation to negligence, the tribunal held both the driver (driver of truck and driver of Tata Sumo) equally negligent for the occurrence of the said accident.

(ii) In relation to compensation, the Tribunal awarded total compensation of Rs.9,00,044/- under different heads with

C/FA/3108/2009 ORDER DATED: 07/03/2023

interest @ 9% p.a. from the date of filing of the claim petition till its realisation. The Tribunal further held opponent Nos. 1 to 5 jointly and severally liable for the aforesaid compensation.

4. Aggrieved by the quantum of compensation awarded, the Insurance Company of Tata Sumo has filed present appeal as appellant.

5. Heard Mr. Vibhuti Nanavati, learned advocate for the appellant, Mr.Rajesh M.Chauhan for Mr. H.S.Munshaw for the opponent No.1, Mr. H.G. Mazmudra, learned advocate for opponent No.4 and Ms. Amrita Ajmera, learned advocate for opponent Nos. 6 to 8.

6. At the outset, Mr. Vibhuti Nanavti for the appellant submitted that in view of the recent decisions of the Hon'ble Supreme Court, the compensation awarded by the Tribunal under judgment and award dated 17.3.2009 is just compensation and he does not want to press this appeal any further.

7. Considering his request, the appeal is treated as not pressed and disposed of accordingly.

(MAUNA M. BHATT,J) NAIR SMITA V.