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2009 Supreme(Guj) 486

H.K.RATHOD
New India Assurance Co. Ltd. – Appellant
Versus
Ransiben Wd/O Chhitubhai Laxmanbhai – Respondent


Advocates Appeared:
Mr. Rajni H. Mehta, for the Appellant No. 1.
Mr. Haresh J. Trivedi, for the Defendants No. 1 - 5.
Notice Served, for the Defendants No. 6 - 7.

Judgment

H.K. Rathod, J.—Heard learned Advocate Mr. Sunil B. Parikh for learned Advocate Mr. Rajni H. Mehta for appellant insurance company and learned Advocate Mr. Haresh J. Trivedi, learned Advocate Mr. Mehul Shah, learned Advocate Ms. Mandavia, learned Advocate Mr. A.J. Shastri, Mr. Kamdar etc. for respective respondents in these appeals.

2. In this group of appeals, appellant insurance company is challenging award made by different claims Tribunals in different claim petitions as mentioned in respective memo of appeal.

3. Learned Advocate Mr. Sunil B. Parikh appearing for appellant insurance company has raised contention that in respect of persons those who were travelling in goods vehicle prior to 1.7.1989 means prior to Amendment made in MV Act, insurance company is not liable to pay amount of compensation in case of negligence of driver of goods vehicle as risk of such passenger is not covered in insurance policy issued by insurance company. He also submitted that in case if passenger travelled in goods vehicle prior to amendment with owner of goods or as authorized representative, then also, their risk is not covered under insurance policy issued by insurance company. He subm








































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