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2021 Supreme(Guj) 223

R.M.CHHAYA, R.P.DHOLARIA
United India Insurance Company Ltd – Appellant
Versus
Prabhaben W/o Kamleshbhai Solanki – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr Maulik J Shelat
For the Defendant : Mr Amar D Mithani

JUDGMENT :

R.M.CHHAYA, J.

1. Feeling aggrieved and dissatisfied by the common judgment and award dated 02.05.2019, passed by the Motor Accident Claims Tribunal (Main), Junagadh, in MACP Nos. 103 and 104 of 2014, the insurance company has preferred these appeals under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the “Act”).

2. Same set of evidence were produced before the Tribunal in both the claim petitions and both the claim petitions arise from the same accident and hence, both the appeals were directed to be heard together.

3. The following facts emerge from the record of these appeals –

    3.1 That both the deceased were sports person and had gone to Thiruvananthapuram in Kerala as competitors from Saurashtra University to attend Inter-University Cycling Competition of national level. The record further indicates that on 20.01.2013, after having their dinner, the competitors were returning with coach from Kariyavattam and walking on the road from Kazzakuttam Police Station. The record show that at that time, a Maruti Zen car bearing registration No. AP-

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