NEW INDIAN ASSURANCE CO LTD Vs. ROSHANBEN RAHEMANSHA FAKIR

JUDGEMENT

(1.) LEAVE granted.

(2.) THIS appeal is directed against a judgment and order dated 13. 11. 2006 passed by a Division Bench of the High Court of Gujarat at ahmedabad in First Appeal No. 3441 of 2006 whereby and whereunder an appeal preferred by the appellant herein from a judgment and order dated 5. 5. 2006 passed by the Motor Accident Claims Tribunal (Main), rajkot in MPCP No. 1211 of 2005 has been dismissed.

(3.) ON an appeal preferred by the appellant before the High Court under Section 173 of the Motor Vehicles Act, 1988 the High Court held as under :