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2013 Supreme(Guj) 545

M.D.SHAH
ORIENTAL INSURANCE COMPANY LTD. – Appellant
Versus
CHATURABEN BHURABHAI PIPALIYA – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Maulik J. Shelat.

JUDGMENT :

M.D. SHAH, J.

1. These appeals are filed against the common judgment and award dated 29.11.2007 passed by the learned Motor Accident Claims Tribunal (Auxiliary), 5th Fast Track Court, Rajkot in Motor Accident Claim Petitions Nos. 759 of 1999, 760 of 1999, 761 of 1999, 762 of 1999, 763 of 1999, 809 of 1999, 1280 of 2000, 1281 of 2000 and 1283 of 2000. The brief facts leading to filing of these appeals are such that the claimants were travelling as owners of goods in Matador No. GJ 1V 3875 on 20.2.1999 at about 5.30 p.m. and when the Matador reached near Vithalvav, the driver of the Matador was driving it in hectic speed, rashly and negligently as a result of which the matador was overturned and all the applicants sustained serious injuries of fracture, etc. likely to result in permanent disabilities. Therefore, all the claimants filed the above stated claim petitions, which were decided by the above mentioned common judgment and award. It is held by the Tribunal that claimants were travelling in the goods vehicle for attending the marriage ceremony and they are gratuitous passengers.

2. Heard learned advocate for the appellants. Learned advocate took this Court through the e














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