SANDEEP N. BHATT
Oriental Insurance Co. Ltd. – Appellant
Versus
Upendrakumar Labhshankar Upadhyay – Respondent
JUDGMENT :
1. The present First Appeal, under Section 173 of the Motor Vehicles Act, 1988, is preferred by the appellant – insurance company (original opponent No.2), being aggrieved and dissatisfied with the judgment and award dated 16.07.2014 passed by the Motor Accident Claims Tribunal (Aux.), Junagadh in Motor Accident Claim Petition No.704 of 2001, by which the Tribunal has awarded Rs.2,72,250/- with 12% p.a. interest to the claimant, holding opponent Nos.1 and 2 i.e. driver-cum-owner and insurer liable, jointly and severally.
2. Brief facts of the case are as under:
2.1 On 14.08.2001, the claimant was going on the Mangrol – Keshod road. When he reached near Jaysing Bhagat’s form, one motorcycle bearing registration No.GJ-1-NN-8027, which was driven by opponent No.1 came in rash and negligent manner and dashed with claimant, who was walking on the road and thereafter, the claimant had fallen down and dragged with the motorcycle and sustained serious injuries on the scull and also had haemorrhage and sustained other injuries like fracture. At the time of accident, the claimant was aged about 40 years and was earning Rs.8,000/- p.m. by doing work as Police Sub-Inspector in C.I.D. D
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