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2022 Supreme(Guj) 1809

R. M. CHHAYA, HEMANT M. PRACHCHHAK
National Insurance Company Limited – Appellant
Versus
Himmatbhai Jamalbhai – Respondent


Advocates Appeared:
For the Appellant : Mr. Vibhuti Nanavati.
For the Defendants : Mr. Paresh M. Darji, Mr. H.G. Mazmudar.

JUDGMENT :

R.M. Chhaya, J.

1. Feeling aggrieved and dissatisfied by the common judgment and award passed by the Motor Accident Claims Tribunal, Ahmedabad (Rural) dated 30.11.2010 in MACP Nos. 231, 232 and 233 of 2003, the present appeals are filed by the insurance company of the luxury bus involved in the accident under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the "Act").

2. Following facts emerge from the record of the appeals -

2.1 That the accident took place on 12.12.2002 between luxury bus bearing registration no. DD-02-9018 and Maruti Zen bearing registration no. GJ-5-AC-9377. It is the case of the claimants that the accident took place at 9.30 on the said date on Ahmedabad-Dhandhuka Highway near Bhimnath village. It is further the say of the original claimants that the Maruti car was proceeding from Bhavnagar whereas the luxury bus was coming from the opposite direction and both the vehicles collided head-on. The original claimants filed claim petitions being MACP nos. 231/03, 232/03 and 233/03 under section 166 of the Act and claimed compensat

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