NATIONAL INSURANCE COMPANY Vs. RAJESHBHAI BANSIBHAI DANTANI

JUDGEMENT

(1.) The present appeal is filed by the appellant - National Insurance Company - original respondent No.4 feeling aggrieved and dissatisfied with the judgment and award dtd. 24/2/2011 passed by learned Motor Accident Claims Tribunal (Aux.), Ahmedabad City in Motor Accident Claims Petition No.57 of 2004 whereby learned Tribunal has partly allowed the claim petition by awarding Rs.1,25,620.00.

(2.) The present appeal is filed mainly contending that the injured was travelling in the goods carriage vehicle and therefore, the appellant insurance company is not liable to indemnify to the insurer and therefore, they are not liable to pay the amount of compensation. The appeal is also filed on the other grounds enumerated in the memo of the appeal.

(3.) I have heard Mr.Mazmudar, learned advocate for the appellant - insurance company, Mr.Rathin Raval, learned advocate for respondent No.3 - insurance company and Mr.Hiren Modi, learned advocate with Mr.Karan Dhomse, learned advocate for respondent No.1 - original claimant.