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2010 Supreme(Guj) 168

SUDHANSU JYOTI MUKHOPADHAYA, AKIL KURESHI
Bajaj Allianz General Insurance Company Limited – Appellant
Versus
Ambaben Wd/O Sanjaybhai Rameshbhai Vasava – Respondent


Advocates appeared:
Shalin N. Mehta, Hasmukh Thakker, Mtm Hakim, H.M.Prachchhak, Jayraj Chauhan, Karuna Rahevar, Dakshesh Mehta, Paresh Darji, Trilok J. Patel, Vibhuti Nanavati

JUDGMENT

AKIL KURESHI, J.

1. IN all these appeals, question of maintainability of Letters Patent Appeals arises. Considering the importance of the issue we have heard learned advocates appearing for the parties at considerable length. Since the central question is common, though individual facts may differ in each appeal, all the Letters Patent Appeals are being disposed of by this common judgement.

2. LETTERS Patent Appeals are filed by the Insurance Companies challenging the judgements passed by the Learned Single Judges in First Appeals under the Motor Vehicles Act, 1988. Short question is whether in view of Section 100A of the Code of Civil Procedure ('the Code' for short), such appeals are maintainable?

Individual facts are somewhat different in each appeal. However, for the purpose of this judgement, it would be sufficient to note the facts arising in Letters Patent Appeal No. 2174/2009. 3.1 Said appeal has been filed by Bajaj Allianz General Insurance Company Limited challenging the judgement and order dated 3.3.2009 passed by the learned Single Judge in First Appeal No. 746/2009. In the First Appeal the insurance company had challenged an award dated 18.9.2008 passed by the M




























































































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