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GUJARAT HIGH COURT
Judge Name, J
New India Assurance Co. Ltd. v. Cargo Motors Ltd.
| Table of Content |
|---|
| 1. introduction and basic case facts surrounding the appeals. (Para 1 , 2) |
| 2. arguments raised regarding negligence and compensation calculations. (Para 3 , 4 , 5) |
| 3. court's observations on the necessity of driver and evidentiary issues. (Para 6 , 7 , 8 , 9) |
| 4. court's reasoning on claims maintainability and compensation justification. (Para 10 , 11 , 12 , 13) |
| 5. final ruling and dismissal of the appeals. (Para 14 , 15 , 16) |
1. Heard the learned advocate Mr. Vibhuti Nanavati for the appellant insurance company in these two appeals.
2. By filing these appeals, appellant has challenged award made by the M.A.C.T., Jamnagar in Claim Case Nos. 16 and 49 of 2007 dated 30.8.2008 wherein Claims Tribunal has awarded compensation of Rs.6,35,000 and Rs.7,02,000 respectively with 9 per cent interest thereon in favour of claimants for the accident which occurred on 30.12.2006 wherein two persons died, one Dosmohamad Jusabbhai Sodha and second Amad Dosmohamad Movar and third person received injury.
3. The learned advocate, Mr. Nanavati raised contention before this court that the driver of offending truck was not joined as a party in claim petitions filed by claimants. He submitted tha
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