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GUJARAT HIGH COURT
RAVI R.TRIPATHI, J
UNITED INDIA INSURANCE CO. LTD. – Appellant
Versus
BHANUBHAI DEVABHAI VADHIYA & 4 – Respondent
| Table of Content |
|---|
| 1. challenge to tribunal's order under statutory provisions. (Para 1) |
| 2. contest regarding rights under insurance coverage. (Para 2) |
| 3. clarification on constructive res judicata. (Para 3 , 4) |
| 4. procedural instructions for further claims. (Para 5) |
| 5. final resolution of appeal and related application. (Para 6 , 7) |
JUDGEMENT
1. By way of this appeal the appellant- Insurance Company has challenged order dated 27.06.2014 passed by the Motor Accident Claims Tribunal (Auxi.), Junagadh, in MACP No.28 of 2013 filed under Section 140 of the Motor Vehicles Act .
2. It is submitted by learned advocate for the appellant that insurance company has raised contention in First Appeal with regard to breach of condition of policy as well as statutory rights available to the insurance company in Claim Petition filed under section 140 of the Motor Vehicles Act . In view of decision of this Court in the case of United India Insurance Co. Ltd. v/s. Sidikbhai Ukabhai Solanki and Anr. /b>. reported in 2012 (2)GLH 465, the appellant Insurance company has preferred this appeal with a view to see that present no fault liability award is not treated as constructive resjudicata while deciding cl
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