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2021 Supreme(Online)(Guj) 3060

GUJARAT HIGH COURT
SHRI RAM GENERAL INSURANCE CO LTD – Appellant
Versus
CHIRAG MANUBHAI PATEL – Respondent


ORAL ORDER

1. The appellant-Insurance Company has preferred the present appeal under Section 173 of the Motor Vehicles Act, 1988 (‘M.V. Act’ for short) to assail the order dated 27.11.2019 passed below Exhibit-6 in MACP No.391/2015 whereunder, the MACT (Aux.), Anand has allowed the application under Section 140 of the M.V. Act and has directed the appellant-Insurance Company to pay a sum of Rs.25,000/- to the claimants.

2. I have heard Mr. Rathin P. Raval, learned advocate for the appellant.

3. Mr. Raval, learned advocate submits that the trial Court has not considered the fact that the driver of the offending auto-rickshaw did not have license to drive the auto-rickshaw on the date of the accident. He, therefore, submits that in view of the various decisions of the Supreme Court, the Tribunal has committed an error in fastening the liability of payment of interim compensation on the appellant-Insurance Company. He further submits that the involvement of the auto-rickshaw in the accident is also doubtful as the accident had happened on 21.08.2013, whereas, the FIR came to be lodged on 02.10.2013 i.e. almost after two months after the occurrence of the accident without mentioning the

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