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GUJARAT HIGH COURT
G.R. Udhwani, J
THE UNITED INDIA INSURANCE CO.LTD – Appellant
Versus
LAXMIBEN MAJIBHAI JAJADIYA – Respondent


Advocates:
For the Appellants/Petitioners: MR RATHIN P RAVAL
For the Respondents: MR GAURANG K CHAUHAN

ORDER

Judgment and award dated 27.09.2019 rendered in MACP No. 690 of 2009 by MACT (Auxi.), Bhavnagar under Section 166 of the Motor Vehicles Act is sought to be assailed in this appeal.

On consideration of the rival submissions it appears that there is a consensus between the parties that the matter requires reconsideration by the Tribunal in the light of the following grounds raised in this appeal.

“(d) It is humbly submitted that the vehicle number mentioned in details of accident is different from the insurance policy issued by the appellant. Hence the appellant insurance company is not liable to pay compensation to the claimants.

(e) That the vehicle number as stated in the petition is GJ-1-BV 1566. The vehicle number on the insurance policy is GJ 1 BV 1564.

(f) It is humbly submitted that the insurance policy of Truck was only :marked – 19/25”. Hence it is proved that the insurance policy was in dispute. The insurance policy was not exhibited.”

Thus it is unnecessary for this court to enter into the detailed merits of this case;

    suffice it to remand the case to the tribunal for reconsidering the above aspects.
    Accordingly the first appeal is allowed at this stage without
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