ORIENTAL INSURANCE CO LTD. Vs. PUNJABHAI CHIKABHAI SOLANKI

JUDGEMENT

(1.) THIS appeal is filed by the Insurance Company against the judgment and award dated 17 -5 -2008 passed by the learned Motor Accident Claims Tribunal(Aux.), Fast Track Court No.4, Ahmedabad (Rural) in Motor Accident Claim Petition No.441 of 1993 whereby all the opponents including the Insurance Company were jointly and severally liable to pay compensation to the claimants.

(2.) HEARD learned advocate for the appellant -Insurance Company, Mr.Maulik Shelat, learned advocate, Mr.Vijay Patel for M/s HL Patel Advocates for the original claimants.

(3.) IT is however submitted by learned advocate Mr.Vijay Patel for the claimants that as per the decision of the Hon'ble Manager, National Supreme Court in the case of Insurance Co. Ltd. vs. Saju P. Paul and another reported in 2013 ACJ 554, insurance company is liable to pay compensation but insurance company is at liberty to recover from the owner of the vehicle. It is therefore submitted that the Tribunal has not committed any error as, after considering the evidence on record, legal and proper order is passed by the Tribunal. It is therefore urged that the appeal deserves to be dismissed.