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2021 Supreme(Guj) 593

ARAVIND KUMAR, MAUNA M.BHATT
NEW INDIA ASSURANCE COMPANY LTD – Appellant
Versus
RAJIVKUMAR OMPRAKASH SULTANIYA – Respondent


Advocates Appeared:
For The Appellant : MR VIBHUTI NANAVATI
For The Respondent: MR MAULIK J SHELAT

JUDGMENT :

ARAVIND KUMAR, J.

1. In these two appeals, the judgment and award passed in MACP Nos. 158 of 2016 and 159 of 2016 is under challenge by the insurer of the truck bearing registration No. GJ-05-BV-7812, whereunder the claim petitions filed by same claimant have been allowed in part and a compensation of Rs. 87,84,580/- and 24,23,780/- with interest 9% per annum from date of petitions till realisation with proportionate cost has been allowed by fastening the liability on the appellant – insurer.

2. At the outset, it requires to be noticed that though two claim petitions have been filed and two judgments and awards have been passed, this court cannot loose sight on the fact that all the parties in both the claim petitions are one and the same except the claimants, accident is same, the insurance policies issued to the vehicles involved in the accident are also the same, witnesses examined in both the cases are also same, yet jurisdictional Tribunal instead of clubbing these two petitions and adjudicating the same and delivering a common judgment has chosen to render two separate judgments which was not warranted and reasons are assigned for adopting such course. Such course sho

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