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2014 Supreme(Guj) 116

HARSHA DEVANI
United India Insurance – Appellant
Versus
Minor Mahesh Kanubhai – Respondent


Advocates:
Appearance :
First Appeal No. 710/2007 to 713/2007 :
Mr. G.C. Mazmudar, Advocate for the Appellant No. 1.
Mr. H.G. Mazmudar, Advocate for the Appellant No. 1.
Rule Served, for the Defendant Nos. 2 – 3.
First Appeal No. 3852/2008 :
Mr. Sunil Parikh, Advocate for the Appellant No. 1.
Mr. Hemal Shah, Advocate for Mr. Pankaj Desai, Advocate for the Defendant No. 1.

Judgment

Harsha Devani, J.—Since common questions of law are involved in all these appeals under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as “the Act”) the same were taken up for hearing together and are disposed of by this common judgment.

2. First Appeals No. 710/2007 to 713/2007 are directed against the common judgment and award dated 31st May, 2006 passed by the Motor Accident Claims Tribunal (Auxiliary), Rajkot (hereinafter referred to as “the Claims Tribunal”) in Claim Case No. 1205/1996, 1207/1996, 1208/1996 and 1218/1996 and First Appeal No. 3852/2008 which has been preferred by the insurance company, is directed against the judgment and award dated 29th November, 2007 passed by the Motor Accident Claims Tribunal (Auxiliary), Rajkot in Motor Accident Claim Petition No. 2259/1999.

3. A brief outline of the facts which have given rise to the first appeals may be referred to.

3.1 First Appeal No. 3852/2008: The claimant filed a claim petition under Section 166 of the Act before the Claims Tribunal stating that on 8th February, 1999, deceased Chandrakantbhai was travelling in a Matador Tempo bearing No. GJ.5T-2312 along with his goods. The driver of the
































































































































































































































































































































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