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1998 Supreme(Guj) 388

S.K.KESHOTE
New India Assurance Company Limited – Appellant
Versus
Dahyaben Jayantilal Panchal – Respondent


Advocates Appeared: D.N.TRIVEDI, RAJNI H.MEHTA

S. K. KESHOTE, J.

( 1 ) THIS appeal under Sec. 173 of the Motor Vehicles Act, 1988 is directed against the judgment dated 20th October, 1997 passed by the Motor Accidents claims Tribunal (Main) Ahmedabad (Rural) at Ahmedabad on Ex. 5 in MACP No. 337 of 1996 under which the claimants-respondent Nos. 1 to 4 were awarded Rs. 50,000/- by way of interim award.

( 2 ) LEARNED counsel for the appellant contended that the claimants have come up with four versions of the accident and as such the insurance company could not have been made liable for the payment of the amount of interim compensation awarded to the claimants. It has next been contended that the jeep which is insured by the appellant has been introduced in the accident by amending the versions of accident from time to time only with the object to get the compensation and particularly interim compensation from the insurance company.

( 3 ) ON the other hand, the counsel for the claimants contended that this appeal is against an interlocutory order and in such matters the Tribunal is not required to decide at this stage the matter finally. On the niceties of legal questions or questions of fact it is not required to deal with the s







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