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FA/1903/2010 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 1903 of 2010
=========================================================
NEW
INDIA ASSURANCE CO LTD - Appellant(s)
Versus
BALASAHEB
RAKHMAJI SUMBE & 6 - Defendant(s)
=========================================================
Appearance :
MS
LILU K BHAYA for
Appellant(s) : 1,
None for Defendant(s) : 1 -
7.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 23/07/2010
ORAL
ORDER
Heard
Ms.Jayshree Hingorani, for Ms.Lilu K Bhaya, for appellant
insurance company. Learned Advocate for the appellant submitted that
the claim petitions are filed for the death of the wife of opponent
No.1 in First Appeal No.1903 of 2006 for which MACP No.186 of 2006
was filed wherein an amount awarded is Rs.2,95,000/- whereas arising
from the said accident, opponent No.1 who sustained injuries filed
another MACP No.187 of 2006 wherein the Tribunal has awarded an
amount of Rs.35,000/-.
2. Learned
Advocate for the appellant submitted that the insurance company
appellant will not be liable to pay any amount by way of compensation
because the deceased and the opponent No.1 herein were travelling in
a tempo which was registered as a goods vehicle.
3. Matter
requires consideration. ADMIT. Mr.Daxesh Mehta, learned Advocate,
waives service of process of admission for respondent No.7-insurance
company.
(RAVI
R TRIPATHI, J.)
sompura
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