- (1.)By these first appeals, the appellant herein -original opponent No. 2 has challenged the judgment and award dated 11th January, 2008 passed by the learned Presiding Officer, Fast Track Court No. 2, Ahmedabad (Rural) in M.A.C.P. No. 801 of 1996 to M.A.C.P. No.808 of 1996 and M.A.C.P. Nos. 872 of 1996 to 879 of 1996 on the point of negligence as well as on the point of breach of condition of policy.
(2.)Facts : Deceased Ramabhai and other persons (total 15 persons) were travelling in Matador bearing No. GJ-2-T-2039 which was insured with the appellant herein. When they were passing near Chapi Palanpur highway, one truck No. DL-1-G-2935 came from opposite direction and dashed with the matador causing the accident between two vehicles. Fifteen claim petitions were filed by the injured persons and one claim petition was filed by the heirs of the deceased who passed away in the accident.
(3.)After considering evidence on record and after giving opportunity to all the concerned parties, learned Tribunal has partly allowed the claim petitions. Learned Tribunal by judgment dated 11th January/2008 has held present appellant herein Insurance Company with whom matador was insured negligent to the extent of 80% and driver of the truck to the extent of 20%. Hence, present appeals are filed by the appellant herein Insurance Company of the matador.