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2021 Supreme(Guj) 611

J. B. PARDIWALA, VAIBHAVI D. NANAVATI
Bajaj Allianz General Insurance Company Limited, Pune – Appellant
Versus
Thakor Jayantibhai Piraji – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Vibhuti Nanavati
For the Defendant : Mr. H M Shah, Mr. Paresh M Darji, Ms. Kirti S Pathak

JUDGMENT :

Vaibhavi D. Nanavati, J.

1. Both the above captioned first appeals under Section 173 read with Section 166 of the Motor Vehicles Act, 1988, arising out of common judgment and award, are at the instance of the appellant - original opponent no.6 in First Appeal No.1792 of 2020 and the appellant - original opponent no.3 in the First Appeal No.2222 of 2020 respectively, and is directed against the self same judgment and award dated 15.01.2020 passed by the Motor Accident Claims Tribunal (Main), Gandhinagar in M.A.C.P. No.151 of 2010 by which the learned Tribunal partly allowed the claim petition filed by the original claimant (opponent no.6).

2. The facts giving rise to the present appeal may be summarized as under :

2.1 The first appeal No.1792 of 2020 is filed by the appellant - original opponent no.6 (Bajaj Allianz General Insurance Co. Ltd. - insurance company of the Tavera Car No.GJ-18-AC-7805) and the first appeal No.2222 of 2020 is filed by the appellant - original opponent no.3 (ICICI Lombard General Insurance Co. Ltd. - insurance company of the truck No. GJ-9-P-3278).

2.2 The opponent no.6 (original claimant) herein is the real sister of the deceased – Rakesh Shantilal S

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