LAWS(GJH)-2022-9-990

NATIONAL INSURANCE COMPANY Vs. HASMUKHBHAI CHHOGABHAI KUMAVAT

Decided On September 20, 2022
NATIONAL INSURANCE COMPANY Appellant
V/S
Hasmukhbhai Chhogabhai Kumavat Respondents

JUDGEMENT

(1.) This Appeal and Cross Objections are filed challenging the judgment and award dtd. 17/1/2012, passed by the Motor Accident Claims Tribunal (Main), Ahmedabad (Rural) in M.A.C.P. No.1349 of 2005. First Appeal No.1760 of 2012 is filed by the Insurance Company under sec. 173 of the Motor Vehicle Act 1988,('the act' for short), challenging the liability fastened on it, by questioning the involvement of Maruti Car No. RJ-01-C-6389 insured with it as also the quantum of compensation awarded, whereas, the Cross Objections are filed under Order XLI, Rule 22 of Civil Procedure Code by the original claimants seeking enhancement.

(2.) The facts in brief are:

(3.) Heard Mr. Rishabh Mehta, learned advocate for Mr. Dakshesh Mehta learned advocate for the appellant - Insurance Company, learned advocate Mr. Hiren M. Modi, for respondent Nos.1 to 3 and learned advocate Mr. M.J. Shelat for respondent No.5 (Oriental Insurance Company). Though served, none appeared for respondent No.4. It is pertinent to note that before the Tribunal also, none appeared for driver/ owner of Maruti Car.