Gujarat High Court
New India Assurance Co Ltd vs Rajkumar Ramchand Vasvani & 4 on 30 September, 2014
Author: Ravi R.Tripathi
Bench: Ravi R.Tripathi
C/FA/2697/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST APPEAL NO. 2697 of 2014
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NEW INDIA ASSURANCE CO LTD....Appellant(s)
Versus
RAJKUMAR RAMCHAND VASVANI & 4....Defendant(s)
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Appearance:
MR SUNIL B PARIKH, ADVOCATE for the Appellant(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI
Date : 30/09/2014
ORAL ORDER
The present First Appeal is filed by New India Assurance Co. Ltd being aggrieved by judgment and award passed by the Hon'ble Motor Accidents Claims Tribunal (Aux.) & 8th Ad Hoc Addl District Court, Junagadh dated 02.05.2014 in MACP No.329 2003. Heard learned advocate Mr.Sunil B. Parikh for the appellant- Insurance Company. The learned advocate invited attention of the Court to para 15 of the judgment, wherein the Hon'ble Tribunal is pleased to hold that the truck driver of the vehicle insured by the appellant- Insurance Company was negligent to the extent of 30% and the driver-cum-owner of Martui van which did not have insurance cover was negligent to the extent of 70% and directed respondents no.1 to 4 to jointly and severally pay the amount of compensation of Rs.1,15,000/- with interest at the rate of 9% per annum and proportionate cost and to deposit the same before the Page 1 of 2 C/FA/2697/2014 ORDER Hon'ble Tribunal.
The learned advocate for the appellant- Insurance Company invited attention of the Court to decision of the Division Bench of Madras High Court in the matter of New India Assurance Company Limited Vs. L. Agnes & others, reported in 2014 ACJ 1216. The learned advocate submitted that once the Hon'ble Tribunal was pleased to earmark negligence to the extent of 30% of the driver of the truck insured by the appellant- Insurance Company there was no reason for the Hon'ble Tribunal to direct the appellant- Insurance Company to deposit the entire amount when respondents no.1 to 4 were held liable jointly and severally. The learned advocate also invited attention of the Court to decision of this Court in First Appeals No.384 to 388 of 2000.
2. ADMIT.
(RAVI R.TRIPATHI, J.) karim Page 2 of 2