LAWS(GJH)-2021-6-76

KHADKI ALLARAKHA SIDIKBHAI Vs. SABIR

Decided On June 28, 2021
Khadki Allarakha Sidikbhai Appellant
V/S
SABIR Respondents

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and award dated 02/03/2020 passed by Motor Accident Claim Tribunal (Aux.), Nadiad in Motor Accident Claim Petition No. 332 of 2018, the appellants original claimants have preferred the present appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act" for short).

(2.) Heard Mr. Nishit A. Bhalodi, learned counsel for the appellants original claimants and Mr. Yogi K. Gadhia learned counsel for respondent No.3 New India Assurance Company Ltd. The presence of respondent Nos.1 and 2, who were driver and owner of the offending vehicle involved in the accident respectively are not necessary as respondent No. 3-Insurance Company has not denied its liability.

(3.) In light of the aforesaid fact and at the request of learned counsel for the appellants and learned counsel for the respondent No.3- Insurance Company, the appeal is taken up for final disposal. Learned Counsel for the parties have also provided copies of evidence adduced before learned Tribunal for perusal of this Court.