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2024 Supreme(Online)(GUJ) 6781

HIGH COURT OF GUJARAT
HONOURABLE MS. JUSTICE GITA GOPI
UNITED INDIA INSURANCE COMPANY LTD – Appellant
Versus
SAVJIBHAI LEMBABHAI KHOKHRIYA – Respondent


ORAL JUDGMENT

1. Challenge is given by the insurance company to the judgment passed in MACP no.274/14 dated 6.7.2022 by the MACT (Main), Banaskantha at Palanpur.

1.1 The facts of the case suggest that the accident took place on 20.6.2014 and the claimant of MACP no.293/14 was driving his jeep bearing registration no. GJ-8 AE-4235 and in the said jeep, the deceased Mukesh of the present matter connected to the claim petition no.274/14 and applicants of other 2 claim petitions were traveling. The jeep was going from Beda to Hadod road and in the turning, it is stated that the jeep bearing registration no.GJ-8 A-2657 came from the opposite side in an excessive speed and dashed with the jeep bearing registration no. GJ-8 AE- 4235, wherein the deceased Mukesh aged about 18 was traveling. The petitioners are parents, five minors and one major sister.

2. Learned advocate Mr. Shelat submitted that the judgment in the case of National Insurance Company Limited Vs. Pranay Sethi & Ors. reported in (2017) 16 SCC 680, Magma General Insurance Company Limited Vs. Nanu Ram alias Chuhru Ram & Ors., reported in (2018) 18 SCC 130 and United India Insurance Company Limited Vs. Satinder Kaur @ Satwinder

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