UNITED INDIA INSURANCE COMOANY LIMITED Vs. SHOBHANABEN GIRISHBHAI

C. K. BUCH, J.

( 1 ) THE appellant-United India Insurance Company Ltd. , original opponent No. 3 has preferred this appeal against the judgment and award dated 31- 12-1985 passed by the M. A. C. Tribunal (Main) at Ahmedabad in M. A. C. Petition no. 76 of 1984. Original applicants are respondent Nos. 1 to 4 and original opponents, i. e. , driver and owner of the autorickshaw involved in the accident are respondent Nos. 5 and 6.

( 2 ) ). According to the original applicants-claimants, deceased Girishbhai was going on a scooter slowly and carefully towards Prakash Stores via Roopali theatre in the city of Ahmedabad on 21-4-1984 at about 2-30 p. m. When he reached "t" junction, the autorickshaw driven by the respondent No. 5 bearing registration No. GRS 3184 and owned by the respondent No. 6, came in a careless and negligent manner and while trying to overtake the victim scooterist, knocked him down from behind with great force, as a result of which he sustained serious injuries and was taken to the hospital, where he succumbed to the injuries on the next day. While deciding the claim petition preferred by the heirs and le

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