ASHOK LEYLAND FINANCE LTD Vs. CHAMPAKLAL NANALAL JOSHI

JUDGEMENT

(1.) AS both the appeals arise out of a common judgment and award dated 11th October 2005 passed by the Motor Accident Claims Tribunal (Auxi.) F.T.C.II, Bhavnagar in Motor Accident Claim Petition Nos.867 of 1998 and 868 of 1998, both the appeals are decided by this common judgment.

(2.) THE case of the appellant herein original opponent No.3 is that the appellant had advanced loan to original opponent No.1 Nadeembhai Jafarbhai Vakil for the purchase of Maruti Zen car bearing registration No. GJ 4 D 2296. The said Maruti car dashed with the original claimants and they received bodily injuries in the said accident and consequently they filed above claim petitions before the learned Tribunal, Bhavnagar. The learned Tribunal, after conclusion of the hearing, allowed the claim petitions and awarded the compensation of Rs.25,000/ and Rs.18,000/ respectively along with running interest at the rate of 6% per annum. The learned Tribunal held original opponent Nos. 1 to 3 liable to pay the amount of compensation jointly and severally.

(3.) THE present appellant original opponent No.3 has preferred present appeals challenging the judgment and award to the extent of its liability to pay the amount of compensation jointly and severally.