NEW INDIA ASSURANCE CO. LTD. Vs. KANAKBEN WD/O NIPENBHAI PRAMANIK
LAWS(GJH)-2018-7-47
HIGH COURT OF GUJARAT
Decided on July 02,2018

NEW INDIA ASSURANCE CO. LTD. Appellant
VERSUS
Kanakben Wd/O Nipenbhai Pramanik Respondents

JUDGEMENT

S.G.SHAH, J. - (1.) Heard learned advocates for the respective parties. Perused the record.
(2.) The appellant herein is original opponent No. 3 being insured of the vehicle in question whereas opponent Nos.1 and 2 are legal heirs of the deceased victim of the road accident whereas respondent Nos.3 and 4 are original opponent Nos.1 and 2 being driver and owner of the vehicle in question respectively.
(3.) By impugned judgment and award dated 7.11.2015, the Motor Accident Claims Tribunal (Aux.), Gandhinagar has awarded an amount of Rs. 3,47,000/- with 9% interest to be paid by all the opponents jointly and severally to the claimants who are legal heirs and dependents of the victim of the road accident. However, the appellant - insurance company has come forward in this appeal with a plea that since the driver of the vehicle in question being respondent No. 3 herein was not holding effective driving licence, they cannot be held responsible to indemnify the owner to pay the compensation to the original claimants.;


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