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FA/1900/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 1900 of 2010
With
CIVIL
APPLICATION No. 7370 of 2010
In
FIRST APPEAL No. 1900 of 2010
=========================================================
NATIONAL
INSURANCE CO LTD - Appellant(s)
Versus
MEHULBHAI
PRAVINBHAI LODHIYA, DECEASED THROUGH LEGAL HEIRS & 4 -
Defendant(s)
=========================================================
Appearance :
MR
MEHUL SHARAD SHAH for
Appellant(s) : 1,
None for Defendant(s) : 1 -
5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 03/08/2010
ORAL
ORDER
Order
in F.A. 1900 of 2010
1. It
is National Insurance Co.Ltd. who, is before this Court challenging
the order passed below Exh.6 in Motor Accident Claim Petition No. 78
of 2007 under Section 140 of the Motor Vehicles Act. If this First
Appeal is entertained, the entire object of Section 140 will stand
frustrated.
2. The
learned Advocate for the appellant insurance company submitted
that the insurance company has filed this appeal only to put on
record their protest against the order passed wherein the opponents
are jointly and severally held liable to pay amount of compensation
with interest payable on it. He submitted that the claimants in Claim
Case No. 78 of 2007 are the heirs of the driver of the Maruti Van
bearing registration No. GJ-25-A-618, which was involved in an
accident, as he is responsible for the accident he is not entitled to
recover any amount from the insurer of the motor vehicle, which he
was driving.
3. Be
that as it may, it is clarified that it will be open for the
insurance company to take all available contentions in the main claim
petition. With this observation, this First Appeal is dismissed.
Order
in C.A. 7370 of 2010
1. The
civil application is dismissed. The insurance company is directed to
deposit the remaining amount on or before 16th August
2010, failing which, a serious note of the same will be taken.
(RAVI
R. TRIPATHI, J.)
jani
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