A.P.RAVANI, R.A.MEHTA
ORIENTAL FIRE AND GENERAL INSURANCE COMPANY LIMITED – Appellant
Versus
YUSUFMUSA CHANDKI – Respondent
( 1 ) ALL these appeals arise out of common judgment and award passed by the Motor Accident Claims Tribunal. Panchmahals at Godhra decided on 9/09/1981 It is not in dispute that an automobile accident took place on 29/10/1980 while the truck in question was proceeding towards Dohad from Godhra. Five of the injured persons died and other 11 persons who were injured survived. The dependents of deceased and the injured who survived preferred Claim Petitions and prayed for compensation. The Tribunal after hearing the parties and recording evidence decided in favour of the claimants and directed the respondents the owner of the vehicle the driver and the Insurance Co.- to pay the compensation as mentioned in the award. It may be noted that no one on behalf of the respondents entered the witness box and the evidence led on behalf of the claimants remained practically uncontroverted. The Insurance Company alone has preferred these appeals. On behalf of the Insurance Company it was sought to be contended that in the facts and circumstances of the case the Tribunal ought not to have believed that the persons who were injured were travelling in the truck and had paid the fare
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