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FA/264820/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 2648 of 2009
With
CIVIL
APPLICATION No. 6965 of 2009
=========================================================
ORIENTAL
INSURANCE COMPANY LTD - Appellant(s)
Versus
BATUKBHAI
KALIDASBHAI & 4 - Defendant(s)
=========================================================
Appearance
:
MR
RITURAJ M MEENA for
Appellant(s) : 1,
None
for Defendant(s) : 1 -
5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 09/07/2009
ORAL
ORDER
Heard
learned advocate Mr. Meena appearing on behalf of appellant.
The
appellant has challenged award passed by MACT, Limbdi in MACP No.71
of 2003 dated 21st October 2008. The claims tribunal has
awarded Rs.4,12,200/- with 9% interest in favour of claimant.
Learned
advocate Mr. Meena submitted that appellant insurance company has
issued Act Policy which was produced before claims tribunal vide
Exh.35. He submitted that when policy was on record, claims tribunal
has not appreciated the policy which was produced by appellant
insurance company. Therefore, in such circumstances, let appellant
may approach the Claims Tribunal concerned with policy which was on
record Exh.35 to find out that whether policy was Act Policy or
Comprehensive Policy by necessary application.
In
view of above observations, present appeal is disposed of without
expressing any opinion on merits.
When
appeal is disposed of by this Court today, no order is required to be
passed in civil application. Hence, civil application is also
disposed of.
[H.K.
RATHOD, J.]
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