NATIONAL INSURANCE COMPANY LIMITED Vs. RAJABHAI MOTIBHAI KHAMBHALIYA

JUDGEMENT

(1.) THESE appeals are filed by the Insurance Company against the common judgment and awards dated 27 -11 - 2009 passed by the learned Motor Accident Claims Tribunal(Main), Rajkot, in Motor Accident Claim Petitions Nos.1867 of 1999, 556 of 2000 and 2215 of 1999 respectively whereby driver and owner were held jointly and severally liable to pay compensation to the claimants and insurance company was exonerated from liability.

(2.) HEARD learned advocates, Mr.Maulik Shelat for the appellant -Insurance Company and Mr.Harshad Patel for the original claimants.

(3.) IT is however submitted by learned advocate Mr.Harshad Patel for the claimants that as per the decision of the Hon'ble Supreme Court in the case of Manager, National 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 all the appeals deserve to be dismissed.