S.G.SHAH
Oriental Insurance Company Ltd. – Appellant
Versus
Rasiklal Dalpatram Shah Legal heirs and Representatives – Respondent
1. Heard learned advocate Mr. Palak Thakkar for the appellant and learned advocate Mr. Bharat B. Shah with learned advocate Mr. Nirav C. Shanghavi for respondents original claimants. Rest of the respondents are though served remain absent. Perused the record as well as record and proceedings, received from the tribunal.
2. The appellant is original respondent No. 2 in different claim petitions preferred by different victims of the same road accident, wherein same vehicle was involved and, therefore, when the Motor Accident Claims Tribunal, Ahmedabad has decided all such claim petitions by common judgment and award dated 30.06.2004, in Motor Accident Claims Petition No. 1341, 412, 1331 and 1334 of 2002 and when all these appeals are arising out the consolidated judgment in different claim petitions, they are heard together and disposed of by this common judgment.
3. It is undisputed fact that all the claimants were travelling in vehicle No. GJ-1HH-620 on 27.05.1999 and when such vehicle has crossed Bareja Chowkdi, National Highway No. 8, because of rash, negligent and speedy driving so as to endanger the human life by the driver of such vehicle, the vehicle has, on
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