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2022 Supreme(Guj) 562

R.M.CHHAYA, HEMANT M.PRACHCHHAK
TATA AIG GENERAL INSURANCE CO. LTD. – Appellant
Versus
KUNJAL JITENDRA JOSHI – Respondent


Advocates:
Advocate Appeared:
For the Appellant : RATHIN P. RAVAL.
For the Respondents: HARDIK H. DAVE, MAULIK J. SHELAT.

JUDGMENT :

R.M. CHHAYA, J.

1. All these appeals, filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as “the Act”) arise out of the same accident and all the original claim petitions were heard together and came to be disposed of by common judgment and award dated 23.1.2019 passed by the Motor Accident Claims Tribunal (Aux), Ahmedabad (Rural) and hence, all the appeals were heard together and are disposed of by this common judgment and order.

2. First Appeal No. 1850/19 is filed by Tata AIG General Insurance Company Limited (insurer of Ford Icon car bearing registration no. GJ-1 HG-6986) challenging the judgment and award passed in MACP No. 89/07. First Appeal No. 1851/19 is also filed by the same insurance Company challenging the judgment and award passed in MACP No. 90/07. First Appeal No. 6052/19 is filed by another insurance Company, namely, the Oriental Insurance Company Limited (insurer of truck bearing registration no. GJ-3 V-7066).

3. The facts as narrated in First Appeal No. 1850/19 (arising out of MACP No. 89/07) are taken as basis of this judgment and order.

4. The following facts emerge from the record of the appeal:

    4.1 That, the accident took pl

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