MEENABEN MAKANBHAI SINDHA Vs. TULSIDAS MANUBHAI VASAVA

JUDGEMENT

(1.) BY way of these appeals the appellant - Insurance Company has challenged order dated 28.03.2014 passed by the Motor Accident Claims Tribunal (Auxi.), Fast Track Court No.3, Vadodara in MACP Nos.1629, 1631, 755 and 1630 of 2002 filed under Section 140 of the Motor Vehicles Act.

(2.) IT is submitted by learned advocate for the appellant that insurance company has raised contention in First Appeal with regard to breach of condition of policy as well as statutory rights available to the insurance company in Claim Petition filed under section 140 of the Motor Vehicles Act. In view of decision of this Court in the case of United India Insurance Co. Ltd. v/s. Sidikbhai Ukabhai Solanki and Anr. reported in 2012 (2)GLH 465, the appellant Insurance company has preferred this appeal with a view to see that present no fault liability award is not treated as constructive resjudicata while deciding claim petition under section 166 of the Motor Vehicles Act.

(3.) IN view of above, order dated 28.03.2014 passed by the Motor Accident Claims Tribunal (Auxi.), Fast Track Court No.3, Vadodara in MACP Nos.1629, 1631, 755 and 1630 of 2002 will not be treated as constructive resjudicata and will not come in way in any manner while deciding claim petition filed under section 166 of the Motor Vehicles Act and Hon'ble Tribunal will decide the main claim petition on merits without being influenced by the order passed by the Hon'ble Tribunal below application under section 140 of the Motor Vehicles Act. Insurance Company is at liberty to raise all the contentions which are available under the law before the Hon'ble Tribunal.