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2019 Supreme(Guj) 97

S.G.SHAH
Salimbhai Ibrahimbhai Chanda – Appellant
Versus
Shantilal Harkhabhai Vankar – Respondent


Advocates Appeared:
Mohsin M. Hakim, Adv., Hamesh C. Naidu, Adv.

JUDGMENT :

S.G. Shah, J.

Heard learned advocate Mr. M. I. Mansuri appearing with Mr. Mohsin M. Hakim for the appellant and learned advocate Mr. H.C. Naidu for the respondent No.3.

2. Since the appeal is mainly for quantum of compensation and non-reliance of the decision of Hon'ble Supreme Court of India in the case of Mallikarjun Vs. Divisional Manager, National Insurance Company Ltd. & Anr. reported in, (2014) 14 SCC 396, the matter can be disposed of at such admission stage itself. Therefore, when appeal is only on the ground of quantum of compensation, the notice upon respondents No.1 and 2 - driver and owner, has been waived relying upon the decision of A. Robert Vs. United India Insurance Co. Ltd., (1999) AIR SC 2977. It is to be recollected here that none of the original opponents being driver, owner and insurer of the vehicle, which was involved in the accident, have challenged the award and therefore, it is clear and certain that there is no dispute regarding nature of accident, its result and liability of the Insurance Company to pay compensation to the victim of road accident by indemnifying the owner of the vehicle. Therefore, minute details of all such facts are not reprod











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