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BIREN VAISHNAV, MAULIK J. SHELAT
United India Insurance Co. Ltd – Appellant
Versus
Gorjibhai Ghemabhai Ghod – Respondent
JUDGMENT :
PER : HONOURABLE MR. JUSTICE MAULIK J.SHELAT
1. The present appeal is filed by the insurance company under Section 173 of the Motor Vehicle Act (herein after referred to as ‘the MV Act’) against the Judgment and award dated 25.02.2019 passed by the Motor Accident Claims Tribunal (Main), Panchmahals at Godhra in Motor Accident Claims Petition (MACP) No. 928 of 2009.
1.1 Whereas, the original injured claimant, who had filed above said claim petition, has also filed cross – objection No.10 of 2021 in the present First Appeal. The injured claimant died during pendency of the present appeal on 25.12.2020, whose legal heirs are brought on record in appeal as well as cross objection. Nonetheless, hereinafter the parties will be referred as per their original position before the tribunal.
2. The short facts of the case appear to be as under;
2.1 On 27.02.2009, the injured claimant was riding Motorcycle bearing Registration No.GJ-9-KL-762 and Mr. Galabhai Manabhai Panda was pillion rider on the Motorcycle. His Motorcycle was dashed with a opposite vehicle i.e. Jeep bearing Registration No.GJ-17-C-7572 insured with insurance company (appellant herein), whereby both, rider and pillion r
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