KRISHNASING LALSING Vs. VIRAJI BUDHAJI THAOR

JUDGEMENT

(1.) Mr. Paresh M.Darji, learned advocate for the appellants submits that the accident had taken place on 22/3/1993 between Truck No.GJ-1-U-6751 and GRU- 4400. He submits that the learned Tribunal by its order dtd. 24/9/2010 in MACP No.522 of 1993 has exonerated the driver of Truck No.GRU-4400 and the opponent no.5 - Oriental Insurance Company Ltd., while holding the Truck driver of vehicle bearing No.GJ-1-U- 6751 as solely liable for the accident; and accordingly Mr. Darji submits that the compensation amount of Rs.1,48,000.00 is ordered to be paid jointly and severally with 9% interest by opponent nos.1 to 3.

(2.) Mr. Darji drawing the attention of the cause title of MACP No.522 of 1993 and the judgment, Exh. 55, submits that opponent no.1 and opponent no.3 are one and the same person while opponent no.2 is the driver of the truck. Mr. Darji states that when the Execution Petition was filed, the present appellant came to know about the judgment and award and therefore, had preferred a Review Application before the Tribunal as Review Application No.3 of 2015, but the same came to be withdrawn on 31/3/2018 by way of withdrawal purshish, Exh.17, stating that the appellant prefers to file an appeal before the High Court.

(3.) Ms. Dimple A.Thaker, learned advocate for respondent no.4 submitted that, as per record the insurance company of Truck No.GRU-4400 has been exonerated since the said vehicle was not found negligent in the accident and the sole liability is on Truck No.GJ-1- U-6751. Thus, states that the respondent no.4, insurance company, would have no say in the present appeal as no liability has been laid down on the Oriental Insurance Co. Ltd.