SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(Guj) 1704

SANDEEP N. BHATT
Oriental Insurance Co. Ltd. – Appellant
Versus
Upendrakumar Labhshankar Upadhyay – Respondent


Advocates Appeared:
For the Appellant : Mr. Rathin P. Raval.
For the Defendant : Mr. Hiren M. Modi.

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

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top