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BIREN VAISHNAV, MAULIK J. SHELAT
Reliance General Insurance Co Ltd – Appellant
Versus
Heenaben Khanjanbhai Vora – Respondent
JUDGMENT :
MAULIK J.SHELAT, J.
1. The present appeal is filed by the Insurance Company under Section 173 of the Motor Vehicle Act (herein after referred to as ‘the M.V. Act’) and Cross-Objection filed by original claimants under Order XLI Rule 22 of Civil Procedure Code (herein after referred as CPC) challenging judgment and award dated 18.04.2022 passed by the Motor Accident Claim Tribunal (Aux.), Bhavnagar in Motor Accident Claim Petition No.409 of 2015.
2. The parties will be referred as their original position before the tribunal.
3. Short facts of the case appear to be as under;
3.1 That on 10.10.2015 between 8:00 P.M. to 8:30 P.M, the deceased was returning from Ahmedabad to Bhavnagar in the motorcar no. GJ-4-AP-4150, which is of his ownership and he was driving his car slowly and on correct side of the road. When he reached near the place of accident, the opponent no.1 came by driving Truck no. GJ-4-AT-9911 from opposite direction in a rash and negligent manner and in full speed and dashed with the car of the deceased. As a result of this accident, the deceased sustained serious injuries and succumbed to the same.
3.2 As the death of the deceased was due to rash and negligent driv
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The court ruled that the absence of the truck driver required an inference of sole negligence, overturning the Tribunal's finding of contributory negligence against the deceased.
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The main legal point established in the judgment is the application of the principle of 'pay and recovery' in directing the Insurance Company to pay the compensation amount to the claimants first and....
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