ORIENTAL INSURANCE CO LTD Vs. CHHANABHAI MANGABHAI
LAWS(GJH)-2008-1-175
HIGH COURT OF GUJARAT
Decided on January 22,2008

ORIENTAL INSURANCE CO LTD Appellant
VERSUS
CHHANABHAI MANGABHAI Respondents

JUDGEMENT

- (1.) THIS appeal is directed against the judgement and award dated 30th November 1995 passed by Motor Accident Claims Tribunal No. 9, Ahmedabad in Motor Accident Claims Petition No. 174 of 1990 whereby the Tribunal has partly allowed the claim petition and awarded a sum of Rs. 32080/- to the original claimants along with costs and interest at the rate of 15%.
(2.) THE accident in question has occurred on 22. 5. 1990. On that day the respondent no. 1-original claimant was proceeding in a Car bearing no. GBE/7810 from Ahmedabad to Dehgam and when the car reached near Vimal Mill, it turned turtle and the respondent no. 1 suffered injuries. He took treatment and later on filed the aforesaid claim petition claiming compensation in the sum of Rs. 46,999/ -. The learned Tribunal after hearing the parties passed the aforesaid judgement and award which is challenged in the present appeal.
(3.) MR. Sunil Parikh for Mr. Rajani Mehta, learned Advocate for the appellant submitted that the policy produced before the Tribunal is a policy covering a private car and admittedly the vehicle also is a private care wherein no passengers can be permitted to be carried, much less passengers on payment of hire or reward.;


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