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2009 Supreme(Guj) 283

H.K.RATHOD
National Insurance – Appellant
Versus
Rakshaben Laxmansinh Thakor – Respondent


Advocates:
Appearance :
Mr. Mehul Sharad Shah, for the Appellant No. 1.
Mr. Hiren M. Modi, for the Defendant No. 1.
None, for Defendant No. 2.

Judgment

H.K. Rathod, J.—Heard learned Advocate Mr. Mehul S. Shah on behalf of appellant-National Insurance Company Ltd.

2. These two appeals are filed by National Insurance Company Ltd. challenging common award passed by Motor Accident Claims Tribunal (Main), Ahmedabad (R) at Ahmedabad in MACP No. 631 of 2003 and MACP No. 632 of 2003, Exhibit -60 dated 13/8/2008. By said award, Claims Tribunal awarded compensation of Rs. 1,82,400/- in MACP No. 631 of 2003 where and Claims Tribunal awarded compensation of Rs. 4,04,400/- in MACP No. 632 of 2003.

3. Learned Advocate Mr. Mehul S. Shah raised number of contentions before Claims Tribunal in written arguments, Exhibit -59. The contention is raised that identification of the vehicle is doubtful means vehicle itself is not involved and after three months, panchnama was carried out and in FIR also, unknown vehicle is mentioned. No number has been also mentioned in FIR. Therefore, he submitted that it is a duty of claimant to prove the involvement of vehicle and negligence of the driver of the said vehicle before Claims Tribunal by proper evidence. He submitted that in respect to claim Petition No. 631 of 2003, the widow of deceased expired s

















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