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FA/644/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 644 of
2010
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IFFCO-TOKIO
GEN. INS. CO. LTD. - Appellant(s)
Versus
MANGUBEN
RAMESHBHAI RANA & 3 - Defendant(s)
=========================================================
Appearance :
MR
AJAY R MEHTA for
Appellant(s) : 1,
MR HIREN M MODI for Defendant(s) : 1 - 2.
NOTICE
NOT RECD BACK for Defendant(s) : 3 -
4.
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CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 29/04/2010
ORAL ORDER
In
response to the notice, the respondent No.3 – Rameshbhai Valabhai
Choudhry has remained present in the Court today. When asked whether
he has engaged services of any advocate or he proposes to engage any
advocate, he has informed that he does not have means to engage
services of advocate. He has been advised to approach the Legal Aid
Committee. He has stated that he would make appropriate application
to the Legal Aid committee for granting assistance of an advocate to
represent him.
In
response to certain queries relating to the facts, he has stated the
fact position. In view of which, the appeal requires consideration.
Further, the appellant has raised a contention that the insurance
company has no liability to discharge an award imposing obligation on
the insurance company to pay compensation and that the award is bad
in law inasmuch as at the relevant time of accident, the vehicle was
driven by a person, who did not hold any licence. Mr. Parikh has
submitted that the said aspect was recorded in the police statement
also. Considering the said submissions by Mr.Parikh, learned advocate
for the insurance company and some of the queries which were
responded to by the opponent No.3 it appears that the appeal requires
consideration. Hence, Admit.
[K.M.Thaker,
J.]
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