LAWS(GJH)-2023-3-29

SAJANBAHEN SANJAYBHAI BARAIYA Vs. NARESHBHAI SHANKARBHAI RABARI

Decided On March 07, 2023
Sajanbahen Sanjaybhai Baraiya Appellant
V/S
Nareshbhai Shankarbhai Rabari Respondents

JUDGEMENT

(1.) The above Appeals arise from a common judgment and decree dtd. 28/9/2022 passed by the learned Motor Accident Claim Tribunal (Auxi.), Kheda at Nadia in M.A.C.P. No.774 of 2015 which pertains to the same accident.

(2.) Learned Advocate for the appellants Mr. Nishit A. Bhalodi submits that the challenge has been given to the judgment and award primarily on the ground that the learned Tribunal ought to have passed an order of pay and recover. Referring to the common order of this Court dtd. 13/12/2021 passed in First Appeal No.976 of 2020 with First Appeal No.975 of 2020, it is submitted that the order of this Court was brought to the notice of the Tribunal wherein modification was made by the Co-ordinate Bench of this Court, in the final paragraph directing the Insurance Company to pay first and then recover from the owner of the vehicle involved in the accident. Learned Advocate Mr. Nishit A. Bhalodi thus, submitted that the learned Tribunal had concluded that it does not have the power to pass an order of pay and recover.

(3.) Learned Advocate for the Insurance Company Mr. Chirayu A. Mehta submitted that the driver of the offending vehicle did not have a valid permit and that Co-ordinate Bench has dealt with the issue in the order.