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2003 Supreme(Guj) 706

J.N.BHATT, BHAWANI SINGH
UNITED INDIA INSURANCE CO. LIMITED – Appellant
Versus
RAVJIBHAI KARSANBHAI RATHOD – Respondent


Advocates Appeared: A.R.MEHTA, RAJNI H.MEHTA

BHAWANI SINGH, C. J.

( 1 ) WE propose to dispose of this group of 21 appeals (First Appeal Nos. 2648 to 2668 of 2003) by this judgment since they arise out of common award and the same accident. Whether Reporters of Local Papers may be allowed to see the judgment ?

( 2 ) THE claim petitions arise out of motor accident which occurred on April 15, 2000 with Tanker containing Naphta liquid (highly inflammable material) bearing registration No. GJ-5-V-4845 overturned at about 1. 15 a. m. near Vakatana village. Naphta started spilling on the road and caught fire and resulted in fatal injuries to 15 persons and grievous injuries to others. Claims are at the instance of either heirs of deceased or those sufferrd personal injuries. Ashokkumar Vijaykumar Yadav (driver) was deleted while owner of vehicle did not file written statement nor examined witnesses nor contested the claim. The appellant filed application under section 170 of the Motor Vehicles Act, 1988 (Act) for permission to contest the claim on merits. However, this application was rejected.

( 3 ) THE appellant opposed the claims on the ground that the accident was not caused due to the use of the motor vehicle; it was caused due









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