NATIONAL INSURANCE CO Vs. DAUDBHAI VALIMOHMAD NOTIYAR

JUDGEMENT

(1.) IN connection with the vehicular accident that took place on 18.09.2004 involving the tempo bearing registration No. GJ-12-U-6346, Salim Dawood Notiyar expired and therefore, his legal heirs filed M.A.C.P. No.644/2004 before the Motor Accident Claims Tribunal [FTC-5], Kutch ? Bhuj, which came to be partly allowed, by way of impugned award dated 28.06.2006.

(2.) IT has been mainly contended on behalf of the appellant that though specific contentions were raised before the Tribunal, the same were not considered. Reliance has been placed on the decision of the Apex Court in the case of National Insurance Co. v. Sinitha and others, 2011 (13) SCALE 84.