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2022 Supreme(Guj) 535

R.M.CHHAYA, HEMANT M.PRACHCHHAK
New India Assurance Company Limited – Appellant
Versus
Nemchandbhai Devraj Galaiya – Respondent


Advocates Appeared:
For the Appellant : Mr. G.C. Mazmudar, Mr. H.G. Mazmudar.
For the Defendants : Mr. B.J. Trivedi, Mr. J.T. Trivedi, Mr. Maulik J. Shelat, Mr. Raxit J. Dholakia, Mr. Tushar L. Sheth, Ms. Jignasa B. Trivedi.

JUDGMENT :

R.M. Chhaya, J.

1. Introduction -

1.1 All these appeals arise out of the same accident and the set of evidence adduced before the Tribunal is also analogous. All the claim petitions were dealt with together by the Tribunal and all the appeals were therefore heard together and are disposed of by this common judgment and order.

1.2 Feeling aggrieved and dissatisfied by the judgment and award dated 27.02.2009, passed in MACP Nos. 614/98 and allied claim petitions, insurance company of the Matador, i.e., National Insurance Co. Ltd., has preferred First Appeals No. 2849 of 2009 to 2862 of 2009 and the insurance company of Truck involved in the accident, i.e. The New India Assurance Co. Ltd., has preferred First Appeals No. 845 of 2010, 877 to 887 of 2010 and the other insurance company, whereas the original claimants have preferred First Appeals No.3266 of 2010 to 3278 of 2010.

1.3 The insurance companies have preferred these appeals on the ground of liability and negligence whereas the original claimants have preferred these appeals for enhancement.

2. Heard Mr. Maulik J. Shel

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