B.N.KARIA,J. - (1.) The appellant is aggrieved by decision of the Motor Accident Claims Tribunal (Auxi.), Gondal [ "Tribunal" for brevity] in MACP No.66 of 1998 and MACP No. 67 of 1998 dated 6th May, 1999.
(2.) Brief facts of the case are that in a road accident occurred on 14th August, 1992 at about 12.00 (noon) near Patiya of village Kerali and Zalansar on Dhoraji-Junagadh road between Truck bearing registration No. GTS-6384 and Jeep, bearing registration No. GCA-113, deceased Tulsibhai Tejabhai and injured Harsukhbhai Savjibhai, who were on duty and going to Junagadh from Dhoraji in the said Jee, when it reached near Patiya of Kerali and Zalansar, at that time, a Truck, bearing registration No. GTS-6384 coming from the opposite side with full speed and in rash and negligent manner, dashed with the Jeep and hence, caused an accident in such a manner that the the driver of Jeep, bearing registration No. GCA-113 ie. Tulsibhai Tejabhai (MACP No.66 of 1998) expired and Harsukhbhai (MACP No.67 of 1998) sustained severe injuries.
(3.) Heard Mr. Vibhuti Nanavati, learned advocate for the appellant-New India Insurance Company Limited in First Appeal No. 4971 of 1999 and 4973 of 1999, Mr. Sunil B. Parikh, learned advocate for the appellant-National Insurance Company Limited in First Appeal No. 5480 of 1999 and 5481 of 1999, Ms. Maya Desai, learned advocate for Mr. MD Pandya for the respondents/claimants in all the appeals, Learned advocate Mr. Palak H. Thakkar appearing on behalf of the New India Assurance Company Limited in First Appeal No. 5480 of 1999 and Ms. Lilu Bhaya, learned advocate for the Gujarat Electricity Board.;