MINESHBHAI BHUPENDRABHAI Vs. BHAVIKKUMAR JAIDEVBHAI UPADHYAY

JUDGEMENT

(1.) By way of these petitions, the petitioners have prayed for the main prayer to quash and set aside the order dtd. 15/10/2018 passed below Exhibit 20 in Motor Accident Claims Petition No.591 of 2016 pending before the learned Motor Accident Claims Tribunal, Vadodara.

(2.) The petitioner of Special Civil Application No.5966 of 2019 is the claimant whereas the petitioner of Special Civil Application No.13032 of 2019 is the owner of the vehicle involved in the accident.

(3.) An application - Exhibit 20 was moved by the respondent No.3 - Insurance Company before the learned Tribunal in M.A.C.P. No.591 of 2016 with a prayer to delete them as respondent No.3 from the cause title stating that the accident had occurred on 4/3/2016 at about 10.00 a.m. and the Policy of the Vehicle No.GJ-6-HD-8886 which was produced was issued at 9.46 a.m. on 4/3/2016. Thus, it was contended by the Insurance Company that on 4/3/2016, the time of the accident does not get covered under the said Policy and it was established that the vehicle involved in the said accident was not insured with the Insurance Company. After hearing the parties in the Court, the learned Tribunal granted Exhibit 20 and ordered to delete the respondent No.3 from the matter.