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1981 Supreme(Guj) 46

S.B.MAJMUDAR
ORIENTAL FIRE AND GENERAL INSURANCE COMPANY LIMITED – Appellant
Versus
RABARI GANDU PUNJA – Respondent


Advocates Appeared: AKSHAY H.MEHTA, H.K.RATHOD

S. B. MAJMUDAR, J.

( 1 ) THIS appeal under sec. 110-D of the Motor Vehicles Act 1939 raises a short question regarding liability of the insurance company the insurer of a motor truck to satisfy the award of damages made payable by the Motor Accident Claims Tribunal Rajkot in favour of the claimant whose mother died out of the motor accident caused by the motor-truck which was insured against the third party risk by the appellant-insurance company. The facts leading to the present appeal lie in a narrow compass and they deserve to be stated at this juncture.

( 2 ) AT 2 p. m. in the noon of 28/04/1975 an accident was caused by a goods-truck bearing No. GTE 8747 in the compound of Western India Tiles Company Makansar (Morvi ). The said truck while inside the compound of the tiles factory and being taken in reverse ran over a manual labourer presumably an employee of the tiles factory who was engaged in loading tiles in the said truck. Deceased Bai Jivi was doing manual work in the said factory and she died in harness on account of the accidental injuries caused to her by the offending truck which came in reverse without blowing horn and ran over the unfortunate victim. She succumbed to












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