NATIONAL INSURANCE CO. LTD Vs. NOORMOHAMAD RASULBHAI VORA

JUDGEMENT

(1.) BY way of filing this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellant ­ insurance company has challenged the judgment and award passed by the Motor Accident Claims Tribunal (Aux.), 7th Fast Track Court No.8, Nadiad dated 1 st December in MAC Petition No.205 of 2003 whereby the claim petition has been allowed partly.

(2.) THE brief facts giving rise to the present appeal are to the effect that on the date of the incident i.e. on 11 th September 2003 while deceased ­ Imranbhai Noormohamad was driving auto- rickshaw bearing No.GJ.7V.5291 and when he reached the place of the incident, he was murdered.

(3.) HEARD learned counsel for the parties and perused the record.