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2017 Supreme(Guj) 792

ABDULLAH GULAMAHMED URAIZEE
New India Assurance Co. Ltd. – Appellant
Versus
Dhansukhbhai Naranbhai Sagar – Respondent


Advocates Appeared:
For the Appellant :Palak H. Thakkar, Advocate

JUDGMENT :

Abdullah Gulamahmed Uraizee, J.

1. The present appeal emanates from the judgment and award dated 28.6.2011, passed by the Claims Tribunal (Main), Junagadh in MACP No. 983/99 wherein the appellant and respondents No. 2 to 5 are directed to pay sum of Rs. 85,880/- with 7.5% interest to respondent No. 1 original claimant, jointly and severally.

2. The short facts giving rise to the present appeal are that respondent No. 1 was a pillion rider riding motor cycle bearing registration No. GJ-11-F-6782. His son Jayesh was plying motorcycle and they were going to village Chargam from Keshav. The motorcycle met with an accident with chakda autorickshaw bearing registration No. GJ 11T 4520 on Keshav-Mangrol road. The respondent No. 1 suffered bodily injuries. He, therefore, filed claim petition No. 983/99 in Motor Accident Claims Tribunal, Junagadh against respondent No. 2, owner and driver of chakda rickshaw, which was insured with the insurance company and respondent No. 3, who was driving motorcycle on which respondent No. 1, was pillion riding and respondent No. 4 owner of the motorcycle and respondent No. 5-Oriental Insurance Company. There is no representation on behalf of other













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