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2022 Supreme(Guj) 1004

ASHUTOSH J. SHASTRI
National Insurance Co. Ltd. – Appellant
Versus
Shaikh Mustaq Mohammaed Kureshi – Respondent


Advocates Appeared:
For the Appellant : Ms. Lilu K. Bhaya.
For the Defendants : Mr. MTM Hakim.

JUDGMENT :

1. The present group of appeals is arising out of common judgment and award passed by the Tribunal below. Hence, upon request of the learned advocates appearing for the respective parties the group is heard conjointly and being dealt with by the present common judgment, and accordingly, First Appeal No.2080 of 2011 is treated as a lead matter for the sake of convenience.

2. First Appeal No.2080 of 2011 is filed by the appellant-Insurance Company (Original Opponent No.3) assailing the judgment and award passed by learned Motor Accident Claims Tribunal, (Aux.) Surat partly allowing the MACP No.1051 of 1997 and thereby awarded an amount of Rs.30,600/- by way of compensation with interest at the rate of 9% per annum from the date of Claim Petition till realization.

3. The facts in brief are that on 02.05.1997, the applicant along-with other applicants of other respective Claim Petitions were going toward the Surat from Umarpada in tempo bearing Registration No.GJ-7-T-9618 along-with goods and the said tempo was driven by original opponent No.1 which was owned by opponent No.2 which was insured with the present appellant- Insurance Company which is original opponent No.3 in t

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