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2016 Supreme(Guj) 1571

AKIL ABDUL HAMID KURESHI, A.J.SHASTRI
New India Assurance Co. Limited – Appellant
Versus
Bhoyabhai Haribhai Bharvad – Respondent


Advocates Appeared:
For the Appellant :Vibhuti Nanavati, Advocate

JUDGMENT :

Akil Abdul Hamid Kureshi, J.

1. This petition is filed by New India Assurance Company Ltd. challenging an order dated 18.06.2016 passed by the Motor Accident Claims Tribunal, Vadodara, below application Exh. 7 in MACP Execution Application No. 284 of 2015.

2. The petition arise in following background:

One Hakuben, wife of Bhoyabhai Haribhai Bharwad was travelling in a bus on 23.05.2008 when another bus, which was insured by the petitioner-insurance company, dashed against it from behind resulting into fatal injuries to passenger Hakuben. Her legal heirs i.e. her husband and children, therefore, filed Motor Accident Claim Petition No. 818 of 2008 claiming compensation of Rs. 9 lacs from the drivers, owners and insurers of the vehicles involved in the accident. The Claims Tribunal, Vadodara by a judgment and award dated 28.08.2015, awarded compensation of Rs. 4,01,000/- to the claimants with interest @ 9% per annum from the date of claim petition i.e. 17.06.2008 till actual payment.

3. The petitioner-insurance company was liable to satisfy such decree and, therefore, dep



























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