1
S.B. Civil Misc. Appeal No.1722/2008
National Insurance Co. Ltd. vs. Smt. Chanda Derasaria & Ors.
S.B. Civil Misc. Appeal No.1722/2008
National Insurance Company Ltd.
vs.
Smt. Chanda Derasaria and others.
Date : 23.1.2009
HON'BLE MR. PRAKASH TATIA, J.
Mr.S Johari, for the appellant.
– – – – –
Heard learned counsel for the appellant.
The appellant insurance company is aggrieved
against the interim award dated 5.3.2008 passed by
the Motor Accident Claims Tribunal, Udaipur under
Section 140 of the Motor Vehicles Act.
The contention of the appellant is that it was
a case of negligence of the victim himself as he
collided with the stationary vehicle which was
lying on the spot since last two days.
The said question of fact cannot be determined
in this appeal nor has been finally determined by
the Tribunal. The same question can be decided in
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S.B. Civil Misc. Appeal No.1722/2008
National Insurance Co. Ltd. vs. Smt. Chanda Derasaria & Ors.
the main case, therefore, the appellant may take
the plea in the main case before the Tribunal.
In view of the above, I do not find any reason
to entertain this appeal. Consequently, this
appeal is hereby dismissed.
(PRAKASH TATIA), J.
S.Phophaliya