M.R. SHAH

1. Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Motor Accident Claim Tribunal (main), Vadodara (hereinafter referred to as the “Tribunal”) passed in MACP No. 225 of 1997, by which, the learned Tribunal has partly allowed the said claim petition and has directed the appellant herein to pay the original claimants a sum of Rs.8,85,000/towards damage caused to the vehicle in question ( Mercedes Car No. GUT 8180), the appellant herein – original opponent no.3 – United India Insurance Co. Limited has preferred present First Appeal.

2. That the Mercedes Car bearing Registration No. GUT 8180 owned by one Hasumatiben Kanubhai Pateloriginal claimant / applicant met with an unfortunate accident, which took place on 19.12.1993. That the said motor car met with an accident with one truck bearing No.GJ1T6930 driven by the original opponent no.1. That due to the accident, the said motor car was badly damaged and therefore, the same was unrepairable. The said car was inspected by the “Works Manager of United Motor (India) Limited, Bombay” who estimated Rs.20 lacs for labour charges, repairs and spare parts etc. Hence, the sai