D.H.WAGHELA
New India Assurance Co. Ltd. – Appellant
Versus
Josnaben @ Jashuben Vallabhbhai – Respondent
D.H. Waghela, J.—These groups of appeals under Section 173 of the Motor Vehicles Act, 1988(“the Act”, for short) are preferred from the common judgment and award dated 16.09.2004 of Motor Accident Claims Tribunal(Aux.), Surendranagar in total 33 claim petitions. Basic facts of the cases are that, on 13.09.1996 at about 4.00 a.m., all the injured claimants and three deceased victims of the accident were returning from their pilgrimage in the luxury bus No. GJ-3T-9475 which dashed against the truck No. MIU 8331 coming from opposite direction. An ambassador car bearing No. GJM 7065 also dashed with the luxury bus from behind at that time. The Insurance Companies concerned were Oriental Insurance Co. Ltd., New India Assurance Co. Ltd. and National Insurance Co. Ltd. in relation to the bus, truck and car respectively. Since, the Insurance Companies insuring the bus and the truck have filed appeals in various claim petitions and joined the original claimants and the other insurers as party-respondent, they are referred hereinafter by the name of the Insurance Company and the claimants are addressed as such. The Oriental Insurance Co. Ltd. has been aggrieved by apportionment of 70
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