AKSHAY H.MEHTA, K.R.VYAS
NATIONAL INSURANCE COMPANY LIMITED – Appellant
Versus
MUKESHBHAI BHALCHANDRABHAI JANI DECD. THRO HEIRS RANJAN – Respondent
( 1 ) THE two Insurance Companies, i. e. National Insurance Company and New India Assurance Company, have challenged the order dated 25/01/2001 passed below application Exh. 25 in Motor Accident Claim Petition No. 576 of 1996, whereby the Motor Accident Claims Tribunal (Aux.), Bhavnagar awarded compensation of Rs. 5,21,500/under Section 163-A of the Motor Vehicles Act, 1988 (for short, "the Act") together with interest at the rate of 12% from the date of Claim Petition Exh. 1, i. e. 30th August 1996 till the date of deposit as also with the proportionate costs.
( 2 ) IN the Claim Petition filed by the heirs of deceased Mukeshbhai Balchandra Jani who expired in the motor accident which took place on 16. 6. 1996, it is averred that the deceased himself was driving the jeep on the Bhavnagar-Rajkot Highway when the accident occurred in the night hours. One Tempo (Chhakado) No. GJ-4-T-7944 was coming from the opposite direction when another vehicle - Truck bearing No. GTS-6818 tried to overtake the Tempo and in the process, hit the Tempo with the result, the three vehicles dashed. As a result of the said accident, Mukeshbhai expired.
( 3 ) THE claimants filed the Cla
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