NEW INDIA ASSURANCE Vs. KALABHAI DEVABHAI PRAJAPATI

JUDGEMENT

(1.) THESE appeals are filed by the Insurance Company against the common judgment and awards dated 31 -1 -2009 passed by the learned Motor Accident Claims Tribunal, Fast Track Court No.4, Ahmedabad (Rural) at Mirzapur in Motor Accident Claim Petitions Nos.1555 of 1993, 1556 of 1993, 1557 of 1993, 1559 of 1993, 1560 of 1993 and 1561 of 1993 respectively 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.Vibhuti Nanavati, learned advocates, Mr.Amar Mithani for the respondent No.2 and Mr.Mehul S.Shah for the original claimants.

(3.) IT is however submitted by learned advocate Mr.Mehul Shah 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. As far as the judgment relied on by learned advocate, Mr.Nanavati delivered by this Court in First Appeal No.2121 of 2008 is concerned, it is submitted that judgment of the Hon'ble Apex Court always prevails over the judgment of the High Court even though the judgment delivered by the High Court is later in point of time and, therefore, insurance company is liable to pay compensation and liberty should be granted to the insurance company to recover from the owner. 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.