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1997 Supreme(Guj) 478

M.S.SHAH
MAHENDRAKUMAR KALYANJIBHAI – Appellant
Versus
HARESH BIPINCHANDRA PATHAK – Respondent


Advocates Appeared: P.V.NANAVATI

M. S. SHAH, J.

( 1 ) LEAVE to delete respondent No. 1 as the Tribunal has already passed the orders against respondent No. 1, and the appeals are aimed against respondent No. 2. Hence, the appeals have been heard for final hearing.

( 2 ) THESE appeals are directed against the common judgment and orders dated september 7, 1996 passed by the Motor Accident Claims Tribunal, Rajkot (hereinafter referred to as the Tribunal) below Applications under S. 140 of the motor Vehicles Act, 1988 (hereinafter referred to as the Act) in different claim petitions arising from the same accident. As common questions of fact and law are involved, all the appeals have been heard together and are being disposed of by this common judgment.

( 3 ) THIS group of appeals raises the important question about the scope of inquiry when a claimant files an application under S. 140 of the Act for claiming compensation under "the no fault liability principle".

( 4 ) IN the aforesaid group of claim petitions filed by persons who have suffered permanent disablement, the Tribunal has passed the order under S. 140 of the Act against respondent No. 1 - owner of the vehicle but not against the Insurance company on the gro
































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