LAWS(GJH)-2022-12-17

NATIONAL INSURANCE COMPANY LIMITED Vs. SUMANBEN HAMABHAI REVABHAI

Decided On December 14, 2022
NATIONAL INSURANCE COMPANY LIMITED Appellant
V/S
Sumanben Hamabhai Revabhai Respondents

JUDGEMENT

(1.) Admit. Learned advocate Mr. Mohsin M. Hakim waives service qua respondent Nos. 1, 2, 3.

(2.) This is an appeal filed under Sec. 173 of the Motor Vehicles Act, 1988 (MV Act) by the appellant - The National Insurance Company Limited [Original Opponent No.3], challenging the judgment and award dtd. 9/7/2018 passed in Motor Accident Claim Petition No. 1712 of 2004 by the learned Motor Accident Claims Tribunal (Auxiliary), Vadodara, whereby, the Claim Petition is partly allowed and the Opponent No.1 to 3 are ordered to pay Rs.4,45,300.00 as compensation to the Petitioners jointly and severally together with interest at the rate of 9% p.a. and proportionate costs from the date of Claim Petition till its realization.

(3.) Heard, learned advocate Mr. Maulik J. Shelat for the appellant - National Insurance Company and learned advocate Mr. Mohsin M. Hakim for the respondent Nos. 1, 2 and 3. The cause list shows that Respondent No.5 is unserved refused but it is also served.