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2016 Supreme(Guj) 331

R.P.DHOLARIA
National Insurance Co. Ltd. – Appellant
Versus
Devabhai Sidhabhai Bharvad – Respondent


Advocates:
Advocate Appeared:
For Appellant :Maulik J. Shelat, Advocate
For Respondents:Paresh M. Darji, Advocate

JUDGMENT :

R.P. Dholaria, J.

1. This group of eighteen appeals is filed by appellant - National Insurance Company Limited against the common judgment & award dated 31.1.2007 passed by learned Motor Accident Claims Tribunal, Fast Track Court No. 5, Ahmedabad (Rural) in Motor Accident Claim Petition No. 1345 of 1997 & other group petitions. The appellant was insurer of Matador No. GJ-01-TT-7318 which is admittedly a goods carriage vehicle wherein the injured claimants as well as deceased were travelling on the day of accident which had taken place on 10.7.1997. The said goods carriage vehicle was collided with one truck No. GJ-12-U-8834 insured with another insurance company i.e. New India Assurance Company Limited. It is a case of claimants that due to said accident, all persons who were travelling in said goods carriage vehicle sustained injuries and some of them succumbed to injuries. The several claim petitions came to be filed by victims of said accident. Learned Tribunal vide its impugned common judgment was pleased to allow all claim petitions whereby learned Tribunal has directed appellant to pay 30% of awarded amount and rest 70% of awarded amount to be paid by New India Assur











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