ORAL JUDGMENT

1. The appellant-Insurance Company has, under the provisions of Section 173 of the Motor Vehicles Act, 1988 (for short, “the Act”), challenged the judgment and award dated 20.12.2006 of M.A.C.T., Patan in a group of claim petitions, even as the appellant-Insurance Company is directed to pay, jointly and severally with another insurance company and the owners of the vehicles, various amounts of compensation in

14 claim petitions.

2. It was submitted by learned counsel Mr.V.P. Nanavati, appearing for the appellant, that the original claimants were travelling by tempo bearing registration No.GJ-12-V-7943, which was insured by the appellant. The motor accident was caused by collision of that tempo with the tanker insured by respondent No.10 herein. It was submitted that the driver of the tanker was solely negligent in causing the accident whereas the appellant could not have been saddled with any liability in view of the fact that the tempo was a goods vehicle and the victims of the accident were travelling in the tempo which violated the Motor Vehicles Rules. Elaborating that argument, learned counsel submitted that, even though the claims were made or entertained under Se