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2019 Supreme(Online)(Guj) 4293

HIGH COURT OF GUJARAT
BHARGAV D. KARIA, J
HDFC ERGO GENERAL INSURANCE COMPANY LTD – Appellant
Versus
SHARDABEN RANCHODBHAI BARAIYA – Respondent


Advocates:
For the Appellants/Petitioners: MR MAULIK J SHELAT
For the Respondents: DELETED, RULE SERVED

Table of Content
1. facts of accident and liability claims. (Para 3)
2. insurance company exoneration conditions. (Para 7)
3. court's ruling on liability based on licensing. (Para 8)

ORDER

1. Since these First Appeals arise out of the claim petitions in relation to the same accident and pertains to same vehicle in which the respective claimants were travelling as passengers, they have been heard together and would be disposed of by this common order.

2. Though served no one appears for respondents no. 1 and 3. Respondent no.2 who is the driver of the vehicle was ordered to be deleted vide order dated 25.7.2013.

3. Brief facts of the case are that on 12th October, 2010, the claimants of the respective claim petitions were travelling as passengers in rickshaw bearing registration no.

G.J.7.TT.1316 which was being driven by the driver in rash and negligent manner. At that time, suddenly a stray dog came on the road and the driver lost the control over the steering and the rickshaw turned turtle, resulting into serious injuries to the respective claimants. Therefore, respective claim petitions were filed claiming compensation from the dri


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