Gujarat Court October 2006 Judgments

Naynesh H. Nanavati Vs. Dashrath R. Bhagat and 2 ors.

Court: Gujarat

Reported in: 2008ACJ61; (2007)1GLR567

Akshay H. Mehta, J. 1. The original claimant has preferred this appeal for enhancement of the compensation granted by the Motor Accident Claims Tribunal [Main], Surat in M.A.C.P. No. 426/1980. He has been awarded a sum of Rs. 40,000/- together with running interest at the rate of 6% p a from the date of the application till realization and proportionate costs. The Tribunal has, however, held that in the instant case respondent No. 3 i.e., Oriental Fire and General Insurance Co. Ltd. was not liable to pay compensation to the appellant but respondents Nos. 1 and 2, namely driver and owner of the offending vehicle were saddled with the liability to satisfy the award. The judgment and award are dated 28/2/1983. 2. The appellant, at the relevant time, was working with C K Pithawala, contractor of Gujarat Narmada Valley Fertilizers. He received monthly salary of Rs. 300/-. On 16/6/1980 he was required to go to Surat. However, the condition of the car of the company in which he was supposed t...