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2016 Supreme(Guj) 1315

R.P.DHOLARIA
United India Insurance Company Limited – Appellant
Versus
Barot Bharatbhai Arvindbhai – Respondent


Advocates Appeared:
For the Appellant :Maulik J. Shelat, Advocate.
For the Respondent:Pravin P. Panchal, Advocate.

JUDGMENT :

R.P. Dholaria, J.

1. The present appeal is filed by appellant-United India Insurance Company Ltd. against the common judgment & award dated 31.12.2015 passed by learned Motor Accident Claims Tribunal, (Main), Mehsana in MACP No. 838 of 2009.

2. The short facts of case are that appellant was insurer of Motorcycle No. GJ-08-K-2769. Deceased Bharatbhai Arvindbhai Barot was driving said motorcycle at time of accident on 29.9.2009 which met with an accident. The said claim petition has been filed under Section 163A of Motor Vehicles Act, 1988 ("the Act" for short) by legal heirs of said deceased Bharatbhai against owner & insurance company of said motorcycle. The appellant had appeared in said claim petition and contested claim on the grounds as set out in its written statement. After hearing parties, learned Tribunal has found deceased Bharatbhai solely negligent for causing accident in question but awarded a compensation of Rs.1,00,000/- to claimant - legal heir of deceased Bharatbhai on ground that appellant insurance company has received additional premium of Rs.50/- to cover Personal Accident (PA) risk of Owner-Driver and as deceased Bharatbhai was driving said insured moto






































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