ORAL ORDER

Heard Mr.Vibhuti Nanavati, learned counsel for the appellant, Mr. G.C.Mazmudar, learned counsel for respondent No.3 – Insurance Company and Mr.A.R.Rocky, for Mr. Nikhil Kariel, learned counsel for respondent No.5 – original claimant. Though served, no one appears for respondent Nos.2 and 4. Learned counsel for the appellant seeks permission to delete respondent No.1 as presence of driver is not necessary for deciding the issue involved in the appeal.

2. Feeling aggrieved by and dissatisfied with the judgment and award dated 17.02.2017 passed by learned Motor Accident Claims Tribunal (Aux-9.), Gandhidham, Kachchh, in Motor Accident Claim Petition No.211 of 2012, the appellant – Insurance Company preferred present appeal under Section 173 read with Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act" for short).

3. In light of the aforesaid fact and at the request of learned counsel for the parties, the appeal is taken up for its final disposal. Learned counsel for the parties have also provided copies of evidence adduced before learned Tribunal for perusal of this Court.

4. The following noteworthy facts emerge from the record of the appeal:-

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