GARMALSINH AJITSINGH SHAIKH & 3 Vs. BAI SAKINA WD/O SAIFUDDIN HAIDARALI MASKIWALA & 10
LAWS(GJH)-2016-2-320
HIGH COURT OF GUJARAT
Decided on February 09,2016

Garmalsinh Ajitsingh Shaikh And 3 Appellant
VERSUS
Bai Sakina Wd/O Saifuddin Haidarali Maskiwala And 10 Respondents

JUDGEMENT

- (1.) The driver, owner and insurer of the motor vehicle having registration No.GTK 5430 have preferred the present First Appeal being aggrieved by the judgment and award dated 13.12.1985 passed by the Motor Accident Claims Tribunal (Aux), Panchmahal at Godhra in Motor Accident Claim Petition No.15 of 1982 whereby learned Tribunal has awarded compensation of Rs.3,63,500/- with 12% interest and cost.
(2.) Precisely, the aforesaid judgment and award has been challenged by way of preferring the present appeal by the Insurance Company contending, inter alia, that deceased Saifuddin was travelling upon truck having Registration No.GTB 6884 along with his goods and hence, his risk was not covered by the insurance company and no award could have been passed against the driver, owner and insurance company of the aforesaid vehicle having Registration No.GTB 6884. Another contention was also raised that the learned Tribunal has committed manifest error in holding that the driver and owner of the truck having Registration No.GTK 5430 was not negligent. Precisely, it is the contention of insurance company that if either of the contention of the insurance company would have been considered in favour of the insurance company, the impugned award could not have been passed by the Tribunal.
(3.) Heard Mr.Rajni Mehta, learned advocate for the appellants and Mr.Radhesh Vyas, learned advocate for Mr.D.F.Amin, learned advocate for the respondents. This Court has also gone through the record and proceedings as well as impugned judgment and award passed by learned Tribunal.;


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