Gujarat High Court
New India Assurance Co Ltd vs Jitkaur Wd/O Dharmsinh Fulsinh & 7 on 1 October, 2015
Author: Akil Kureshi
Bench: Akil Kureshi
C/FA/1897/1998 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST APPEAL NO. 1897 of 1998
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE AKIL KURESHI
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1 Whether Reporters of Local Papers may be allowed
to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy of
the judgment ?
4 Whether this case involves a substantial question of
law as to the interpretation of the Constitution of
India or any order made thereunder ?
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NEW INDIA ASSURANCE CO LTD....Appellant(s)
Versus
JITKAUR WD/O DHARMSINH FULSINH & 7....Defendant(s)
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Appearance:
MS LILU K BHAYA, ADVOCATE for the Appellant(s) No. 1
NOTICE SERVED for the Defendant(s) No. 1 - 6
SERVED BY AFFIX(N) for the Defendant(s) No. 7
SERVED BY PUBLICATION IN NEWS for the Defendant(s) No. 8
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CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
Date : 01/10/2015
ORAL JUDGMENT
This appeal is filed by the Insurance Company Page 1 of 3 HC-NIC Page 1 of 3 Created On Tue Oct 06 01:25:42 IST 2015 C/FA/1897/1998 JUDGMENT challenging the judgment and award dated 17th January, 1998 passed by the Motor Accident Claims Tribunal, Amreli in MACP No.3 of 1989. By such judgment, the Claims Tribunal awarded compensation of Rs.1,52,400/- to the claimants to be recovered from the driver, owner and insurer of the Tempo. Accident took place on 16.3.1988 when the deceased received fatal injuries in the accident involving the said vehicle. The dependents of the deceased, therefore, filed claim petition for compensation of Rs.2,25,000/-. Before the Claims Tribunal, the Insurance Company opposed the claim on various grounds. In the written statement Exh.17, such grounds were taken. Permission was sought under application Exh.21 to add additional defense that the insurance policy in question was only a transit policy taken out on 4.9.1987 and the insurance cover would be exhausted when such transit journey from Ahmedabd to Chikhlod in Kapadvanj Taluka was over. Ignoring such pleas, the Tribunal allowed the claim petition in part and also fixed the liability of insurance company. In this appeal, the principal ground raised by the insurance company is to its liability on the ground noted above. However, it appears that the appeal could not proceed effectively for want of service to respondent No.8. Many attempts were made to trace the person. Finally, the notice was served through public notice on 7.9.2015. In the meantime, the substantial portion of the record before the Claims Tribunal was destroyed. R & P which has now been sent by the Claims Tribunal consists of skeletal documents. The insurance policy is not part of the record. Neither with the first appeal nor separately, the insurance company provided a copy thereof. It is, therefore, impossible to ascertain the precise nature of the terms of the insurance policy or to find out whether Page 2 of 3 HC-NIC Page 2 of 3 Created On Tue Oct 06 01:25:42 IST 2015 C/FA/1897/1998 JUDGMENT there was any breach on part of the driver and the owner. The accident took place way back in the year 1988. 27 long years have been passed. In the meantime, compensation awarded to the claims Tribunal is also not very large. No useful purpose would be served in entertaining this appeal, the same is, therefore, disposed of.
(AKIL KURESHI, J.) ashish Page 3 of 3 HC-NIC Page 3 of 3 Created On Tue Oct 06 01:25:42 IST 2015