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FA/3918/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 3918 of 2008
With
CIVIL
APPLICATION No. 9916 of 2008
=========================================================
NEW
INDIA ASSURANCE CO LTD - Appellant(s)
Versus
SHANTABEN
KANTIBHAI JODHANI & 2 - Defendant(s)
=========================================================
Appearance
:
MS
MEGHA JANI for
Appellant(s) : 1,
None
for Defendant(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 25/08/2008
ORAL
ORDER
Heard
learned Advocate Ms. Megha Jani for the appellant insurance company.
Learned
Advocate Ms. Megha Jani raised contention before this Court that no
premium was paid covering risk of the driver by the owner of the
offending vehicle. She also made it clear before this court that the
on the same date on which order was passed by the claims tribunal
under sec. 140 of the MV Act, 1988, main application filed by the
claimant under section 166 of the MV Act, 1988 was withdrawn by the
claimant. She further submitted that initially claim was made by the
claimant for compensation of Rs.5,00,000.00 but subsequently, it was
reduced to Rs.50,000.00 and, therefore, this matter would require
consideration.
Considering
the submissions made by the learned Advocate Ms. Megha Jani, admit
the appeal.
In
Civil Application NO. 9916 of 2008 for stay, rule returnable on
26th September, 2008. Ad interim relief in terms of para
3(a).
(H.K.
Rathod,J.)
Vyas
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