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2006 Supreme(Guj) 721

AKSHAY H.MEHTA
UNITED INDIA INSURANCE CO LTD – Appellant
Versus
LALJIBHAI HAMIRBHAI – Respondent


( 1 ) THE United India Insurance Co. Ltd. , has filed this appeal under Section 110-D of the Motor Vehicles Act [hereinafter referred to as the "act"], against the judgment and award made by MACT [main], Ahmedabad. Rural at Narol in MAC Application No. 520 of 1981 dated 16th April, 1983. In this appeal the appellant has challenged the finding given by the Tribunal that the driver of the vehicle insured with the appellant was 100% negligent while driving his vehicle and as a result of the same, he caused accident in question. The Tribunal has therefore held the insured as well as the appellant vicariously liable to satisfy the entire award.

( 2 ) RESPONDENT no. 1, who is hereinafter referred to as the claimant, filed MAC Application No. 520 of 1981 to recover the compensation of Rs. 50,000=00 for the bodily injury and consequential disability suffered by him. According to the claimant, on 30th July, 1980 he was serving as a cleaner and was attached to truck bearing registration No. GTB 6977. On that day, around 2:30 to 4:45 p. m. , the truck was travelling on Ahmedabad Bhavnagar highway. When it reached near village Changodara, one bus belonging to respondent no. 3 - GSRTC was proce































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