SOMA Vs. DEVRAJ NARANBHAI RABARI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied by the common judgment and award dtd. 31/7/2009, passed in the Motor Accident claims Tribunal (Aux) in MACP No. 1198 of 2006, MACP No. 1100 of 2006 and MACP No. 1101 of 2006, the insurance company as well as the original claimants have preferred these appeals under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the "Act").

(2.) All appeals relate to the same accident and all the three claim petitions were clubbed together and were disposed of by a common judgment and award passed by the Tribunal. Before this Court also, all these appeals were heard together and are disposed of by this common judgment and order. The insurance company has filed First Appeal No. 89 of 2010 against the judgment and award rendered in MACP No.1198 of 2006 whereas the original claimants have filed First Appeal No. 560 of 2010 against the judgment and award in MACP No. 1198 of 2006. Similarly, First Appeal No. 90 of 2010 is filed by the insurance company against the judgment and award rendered in MACP No.1100 of 2006 whereas the original claimants have filed First Appeal No.561 of 2010 challenging the same. First Appeal No. 91 of 2010 is filed by the insurance company against the judgment and award rendered in MACP No. 1101 of 2006 whereas the original claimants have filed First Appeal No. 970 of 2010 challenging the same.

(3.) Following facts emerge from the record of the appeal -