NATIONAL INSURANCE CO LTD Vs. PARVEZ FRAMROZ BILLIMORIA
LAWS(BOM)-2018-12-136
HIGH COURT OF BOMBAY
Decided on December 22,2018

NATIONAL INSURANCE CO LTD Appellant
VERSUS
Parvez Framroz Billimoria Respondents


Referred Judgements :-

RAJ KUMAR VS. AJAY KUMAR [REFERRED TO]


JUDGEMENT

A.S. Chandurkar, J. - (1.)This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'the said Act') has been preferred by the insurer challenging the judgment dated 5th August, 2006 passed by the learned Member, Motor Accident Claims Tribunal, Mumbai awarding compensation of Rs. 1,23,000/- with interest at the rate 6% p.a. from 9th January, 1998 till its recovery. The original claimant has filed cross objections seeking enhancement in the amount of compensation as granted to the extent of Rs.10,37,000/-.
(2.)The facts in brief as pleaded in the claim application under Section 166 of the said Act are that on 17th August, 1987, when the claimant was proceeding on J.B. Road on his Scooter, a Lorry bearing No.MTT-1890 lost control and dashed the claimant's Scooter. The claimant suffered injuries as a result of said accident.
The claimant was working as a Manager in an Automobile garage and as a result of the accident he suffered loss of earning due to said accident. It was pleaded that the driver of Lorry was responsible for causing the said accident. On that premise the claimant sought grant of compensation of an amount of Rs.2,00,000/-with interest. The aforesaid proceedings were filed against the New India Assurance Company Limited.

(3.)The Motor Accident Claims Tribunal, by its judgment dated 22nd March, 1995 granted compensation of Rs.80,000/- along with interest at the rate 15% p.a. to be payable to the claimant as compensation. The insurer, however moved an application for setting aside that order on the ground that the vehicle in question was not insured with the said insurer. On 18th September, 1995, the order dated 22nd March, 1995 was recalled and the claim petition was restored to file. Thereafter, the present appellant was impleaded as party and it participated in the proceedings before the Claims Tribunal. The parties thereafter led evidence and after considering the same the learned Member of the Claims Tribunal partly allowed the Claim Petition and awarded compensation of Rs.1,23,000/- including the amount of no fault liability to be payable with interest at the rate 6% p.a. from 9th January, 1998 till recovery of that amount.


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