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2014 Supreme(Guj) 895

AKIL KURESHI, VIPUL M.PANCHOLI
ORIENTAL INSURANCE CO. LTD. – Appellant
Versus
NISHIT KIRITKUMAR RAVAL – Respondent


Advocates:
Advocate Appeared:
MR. RAJNI H. MEHTA, MS. RENU SINGH, MR. ARPIT A. KAPADIA, for the Appellant No. 1
MR. AJAY R. MEHTA, for the Defendants Nos. 2, 3
MR. Y.N. RAVANI, for the Defendants No. 1, 2

Judgment

Akil Kureshi, J.

1. This group of appeals arise out of a common judgment rendered by the Motor Accident Claims Tribunal, Bharuch dated 10th May 2007, in a group of claim petitions, MACP No.375/05 being treated as the main petition.

2. Briefly stated, facts are that on the fateful day on 1.1.2005, one Kiritkumar Raval along with his family members and neighbours was travelling in his Maruti car from Vadodara to Bharuch on National Highway No.8. At about 10 O’ clock night, a truck which was insured by the Oriental Insurance Company was lying on the road with flat tyre. The car dashed straight against the said stationary truck with considerable force causing instantaneous death of four passengers and bodily injuries to the fifth. Different claim petitions, therefore, came to be filed by the claimants, i.e. injured and the dependents of the deceased travellers. The Maruti car was insured with Iffco Tokio General Insurance Company. The Tribunal in the impugned judgment concluded that the accident occurred due to the sole negligence of the driver of the truck in parking the vehicle on the highway without any signals. The Tribunal went into the details of the earning capacity of the















































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