Gujarat High Court Case Information System
Print
FA/795/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 795 of
2010
=========================================================
NATIONAL
INSURANCE CO.LTD - Appellant(s)
Versus
CHHATRASING
VAGHABHAI PATEL & 3 - Defendant(s)
=========================================================
Appearance :
MR
MEHUL SHARAD SHAH for
Appellant(s) : 1,
None for Defendant(s) : 1 - 2, 2.2.1, 2.2.2,
2.2.3, 4,
MR HARDIK C RAWAL for Defendant(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 20/04/2010
ORAL ORDER
Mr.
Shah seeks permission to delete the opponent No.4 who is the driver
of the vehicle insured by the appellant insurance company. Mr. Shah
has submitted that opponent No.4 has expired. In view of the fact
that the opponent No.4 happened to be the driver of the vehicle
insured by the appellant insurance company and since appellant
insurance company seeks permission to delete the said opponent,
permission is granted, Opponent No.4 is permitted to be deleted. The
appellant shall carry out the amendment forthwith.
Mr.
Shah, learned advocate for the appellant, has submitted that three
different appeals arising from the judgments concerning the same
accident which is the subject matter of present Appeal, have been
admitted. He has further submitted that the appeals have been
admitted in view of the contentions regarding negligence and quantum.
He has submitted that since the present Appeal also arises from the
same accident and raises the same contentions, more particularly the
contention regarding negligence (holding the rickshaw driver
negligent to the extent of 30%), the present Appeal also may be
admitted in view of the orders dated 30th January, 2008
passed in First Appeal Nos.203 and 204 of 2008 and dated 21st
April, 2008 passed in First Appeal No.1997 of 2008.
Ms.
Archana N. Patel, learned advocate for Mr. Hardik C. Rawal, learned
advocate for the opponent No.3 corporation, has appeared.
Having
regard to the submissions made by Mr. Shah and in view of the orders
dated 30th January, 2008 passed in First Appeal Nos.203
and 204 of 2008 and dated 21st April, 2008 passed in First
Appeal No.1997 of 2008, Admit. Ms. Archana N. Patel, learned
advocate, waives service of notice of admission.
[K.M.Thaker,
J.]
kdc
Top