GANESH CHEMICALS Vs. HASMUKHBHAI SANKABHAI RATHVA AND ORS.

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant/Insurance Company against the award passed by the Tribunal.

(2.) LEARNED counsel for the appellant has submitted that driver of the vehicle involved in the accident was not holding a valid licence at the time of the accident and as such there was breach of conditions of the policy as well as statutory rights available to the Insurance Company in the claim petition filed under section 140 of the Motor Vehicles Act. Counsel has referred to a decision dated 04.07.2014 passed by a co -ordinate bench of this Court in case of New Indian Assurance Co. Ltd. v. Nisarhussain Mohmadhanif Shaikh in First Appeal No. 1889 of 2014, which is reproduced hereinbelow:

(3.) IN view of above, order dated 12.02.2014 passed by the Motor Accident Claims Tribunal (Auxi.), Ahmedabad (Rural), in MACP No. 2347 of 2010 will not be treated as constructive res judicata 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.