LAWS(GJH)-2012-3-68

SHANTA BEN Vs. YAKUBBHAI IBRAHIMBHAI PATEL

Decided On March 23, 2012
SHANTA BEN Appellant
V/S
YAKUBBHAI IBRAHIMBHAI PATEL Respondents

JUDGEMENT

(1.) The present group of appeals arise out of judgments and awards passed by different Motor Accident Claims Tribunals described here-in-after whereby the Tribunals on interpretation of Section 95 of the Motor Vehicles Act, 1939 (the Act) restricted the liability of the insurance company limited to the statutory liability as envisaged under the Act.

(2.) Out of the present group of appeals, First Appeal No.1343 of 1988 was heard by Division Bench of this Court comprising of (Hon'ble M.S.Shah & K.M.Mehta,J.J.) (as they then were) and by order dated 28.12.2006 SHANTABEN WIDOW OF DECEASED vs YAKUBBHAI IBRAHIMBHAI PATEL, 2007 4 GLR 3639 referred the said First Appeal in its entirety to the Larger Bench of this Court and had observed in Paragraph No.17 as under:

(3.) Similarly, while concurring with the view taken by Hon'ble Mr. Justice K.M.Mehta in concluding paragraph of the said judgment Hon'ble Mr. Justice M.S.Shah had observed thus: