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2022 Supreme(Guj) 572

SANDEEP N.BHATT
Oriental Insurance Company Limited – Appellant
Versus
Raman Purshothaman Nair – Respondent


Advocates Appeared:
For the Appellant : Mr. Rathin P. Raval.
For the Defendants : Mr. Mohsin M. Hakim, Mr. Palak H. Thakkar.

JUDGMENT :

1. The present First Appeal is preferred by the Oriental Insurance Company Ltd. under Section 173 of the Motor Vehicles Act, 1988, by being aggrieved and dissatisfied with the judgment and award passed in Motor Accident Claims Petition No.1597 of 1998, Vadodara dated 27.06.2015, by which the Tribunal has awarded the amount of compensation Rs.5,38,468/- with 9% interest p.a. from the date of the claim petition to the claimants by holding the Opponent Nos.1, 2 & 3 jointly and severely liable and against the Opponent Nos. 4 & 5, the claim is rejected. Therefore, the present appeal is preferred by the Insurance Company.

2. The brief facts of the case are as such that, on 04.02.1998, the Deceased-Raman Sundaresan Pillai was one of the occupants in the Jeep bearing registration No. GJ-16-C-4202 proceeding towards Rajpipla from GSL (India) Limited, from its work and registered office at Amletha village, Taluka Rajpipla, and the driver of the said Jeep was driving the Jeep at a moderate speed and on the correct side of the road to Rajpipla and when, they had reached near Taropa village bus stand board, the Opponent No.1 had come from the opposite direction by driving the truck bea

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