CA/5352/2008 1/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION No. 5352 of 2008 In FIRST APPEAL No. 2219 of 2008 ========================================================= UNITED INDIA INSURANCE CO. LTD. - Petitioner(s) Versus BALUBHAI CHOTUBHAI VASAVA & 5 - Respondent(s) ========================================================= Appearance : MR SB PARIKH for Mr RAJNI H MEHTA for Applicant None for Opponents ========================================================= CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT 20th June, 2008 ORAL ORDER
Rule
returnable on 22nd August, 2008.
This
Application for interim stay pending the Appeal has been taken
out by the appellant-United India Insurance Company Limited, the
insurer of the offending vehicle ý Truck bearing registration no.
GJ-2-X-1655. Mr. Parikh has submitted that the learned Tribunal has
erred in not considering that the deceased and the injured claimants
were travelling in the truck, a goods vehicle, as gratuitous
passengers. He has further submitted that the truck was being driven
by the cleaner-Bachhubhai Muljibhai Vasava who
did
not possess a valid license. He has relied upon the FIR Exh.28. In
the submission of Mr. Parikh, the Insurance Company is, therefore,
not liable to pay compensation to the claimants. Mr. Parikh has also
joined issue in respect of the quantum of compensation awarded.
Pending
the Appeal, there shall be ad interim stay in terms of
paragraph 6 [i].
{Miss
R.M Doshit, J.}
Prakash*