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2016 Supreme(Online)(Guj) 1

GUJARAT HIGH COURT
, , , JJ
United India Insurance Co. Ltd. v. Mahesh Kanubhai and Others


Advocates:
Mr. Sunil Parikh, Mr. H.G. Mazmudar
Mr. Mehul Shah, Mr. Hemal Shah, Mr. M.T.M. Hakim, Mr. Palak Thakkar, Mr. Vibhuti Nanavati

1. Since common questions of law are involved in all these appeals under S.173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'), the same were taken up for hearing together and are disposed of by this common judgment.

2. First Appeal Nos. 710 to 713 of 2007 are directed against the common judgment and award dated 31.5.2006 passed by the Motor Accidents Claims Tribunal (Auxiliary), Rajkot (hereinafter referred to as 'the Claims Tribunal') in Claim Case Nos. 1205, 1207, 1208 and 1218 of 1996 and First Appeal No. 3852 of 2008 which has been preferred by the insurance company, is directed against the judgment and award dated 29.11.2007 passed by the Motor Accidents Claims Tribunal (Auxiliary), Rajkot in Motor Accident Claim Petition No. 2259 of 1999.

3. A brief outline of the facts which have given rise to the first appeals may be referred to as follows:
3.1 First Appeal No. 3852 of 2008: The claimant filed a claim petition under S.166 of the Act before the Claims Tribunal stating that on 8.2.1999, deceased Chandrakantbhai was travelling in a Matador Tempo bearing No. GJ 5 - T 2312 along with his goods. The driver of the Matador was driving the same at excessive spee



















































































































































































































































































































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