Kashiben v. Ramanbhai Babubhai Christian - 2023 Supreme(Online)(Guj) 1315

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Online)(Guj) 1315

GUJARAT HIGH COURT
Nisha M. Thakore, J.
Kashiben v. Ramanbhai Babubhai Christian

Advocates:
For the Appellants/Petitioners: Mr. Hiren Modi
For the Respondents: Ms. Karuna Rahevar

Table of Content
1. background of the appeal and prior tribunal decision. (Para 1 , 2)
2. arguments by claimants regarding negligence and compensation. (Para 5)
3. defense arguments by the insurance company. (Para 6)
4. court's considerations on evidentiary burdens and insurance liabilities. (Para 7 , 8 , 9 , 10)
5. insurance company's obligation to produce policy for liability. (Para 11 , 12 , 13 , 14 , 15 , 16)
6. rationale behind compensation calculation. (Para 17)
7. final judgment and modification of the award. (Para 18 , 19)

1. The present appeal is filed by the original claimants under S.173 of the Motor Vehicles Act seeking enhancement of the claim which was partly allowed by the learned Motor Accidents Claims Tribunal, Surat for an amount of Rs. 1,66,000 with 9 per cent interest and costs by the impugned judgment and award dated 5.5.2009 passed in MACP No. 9 of 1987. By the said judgment and award the Tribunal has exonerated respondent No. 2 - insurance company and has held respondent No. 3, the owner of the offending vehicle, liable towards the aforesaid award.

2. The facts in a nutshell as emerge from the record of the appeal are as under:
2.1 The deceased, viz., Vitthalbhai Som