NATIONAL INSURANCE CO. LTD. Vs. CHANDRAKANTBHAI KESHVJIBHAI KARIA

JUDGEMENT

(1.) Heard learned advocate Mr. Dakshesh Mehta for appellant, learned advocate Mr. D.G. Chauhan for respondent No. 2 and learned advocate Mr. Haresh H. Patel for respondent No. 3.

(2.) All these three appeals are arising out of common impugned judgment and, therefore, they are heard together and decided by this common judgment, because same question of law is raised in all such appeals.

(3.) The appellant herein is insurance company being insurer of the vehicle in question which met with an accident, wherein original claimants have received grievous injuries for which, they have preferred Claim Petitions under the Motor Vehicles Act against driver, owner and insurer before the Motor Accident Claims Tribunal at Rajkot. Since claim petitions are by three different claimants, though tribunal has awarded compensation to all of them by common consolidated judgment in Motor Accidents Claim Petition Nos. 1392 of 1997 to 1394 of 1997 on 21.01.1999, since decree is different in all petitions for all claimants, the insurance company has filed three different appeals. However, considering the grounds in appeal, which are mainly regarding liability of the insurance company and breach of policy conditions by the insurer, only one set of reasonings would be suffice to decide all the appeals.