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2004 Supreme(Guj) 506

RAVI R.TRIPATHI
UNITED INDIA INSURANCE CO. LTD. – Appellant
Versus
MINOR MAMTABEN B RATHOD -THRObyassingh BANSISINGH RATHOD – Respondent


Advocates Appeared: K.K.TRIVEDI, N.M.KAPADIA, P.V.NANAVATI, Vibhuti Nanavati

RAVI R. TRIPATHI, J.

( 1 ) UNITED India Insurance Company Limited, original defendant no. 2 in Motor Accident Claim Petition No. 37 of 2002 (hereinafter referred to as "the claim petition") has approached this Court by way of this Appeal From Order being aggrieved of order dated 27. 02. 2003, below Exhibit 19.

( 2 ) THE facts of the case are that, on 03. 06. 2001 an accident took place when a truck bearing registration No. GJ-5-V 3080 ran over a minor girl causing her severe injuries. The guardian of minor girl Mamtaben Byassingh Rathod filed, aforesaid claim petition under section 166 of the Motor Vehicles Act, 1988, before the Motor Accident Claim Tribunal (Main), Surat (hereinafter referred to as "the Tribunal") claiming compensation of Rs. 3 lakhs, alleging that the truck in question was run in a rash and negligent manner by original opponent no. 1, i. e. Anilbhai Chhanabhai Chowdhary. The Insurance company after served with summons on 26. 02. 2002 appeared through an advocate. A Lok Adalat was organised on 21. 04. 2002 in the District Court at Surat. In that Lok Adalat, matter was settled, a compromise was entered into, between learned advocate of the minor-claimant and the adv





















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