NEW INDIA INSURANCE COMPANY Vs. RATILAL JIVABHAI PATEL

JUDGEMENT

(1.) With the consent of the parties, the matter is taken up for final disposal. Learned Advocate Mr. M. R. Bhatt appears for the original claimant-respondent No. 1. Claim Petition No. 246/86 came to he filed before the M.A.C. Tribunal, AHmedabad (Rural) at Mirzapur and it came to be heard and decided by the learned M.A.C. Tribunal (Auxi.) Ahmedabad (Rural) at Mirzapur by the judgment dated 29- 4-1995. Against the claim of Rs. 5 Lakh, learned Judge granted claim of Rs. 2,66,784.00 with proportionate costs and interest at the rate of 12% p.a. from the date of petition till realisation.

(2.) Appellant is the Insurance Company- Opponent No. 3 of the said petition. Along with it, the owner of the truck-original opponent No. 4 has also joined in filing present appeal. Rest of the parties-opponents as well as original petitioners are joined as respondents.

(3.) It is essentially a contest between the appellant on one side and respondent No.1 on the other. In the Trial Court also, the case was fought by the Insurance Company only because respondent Nos. 1, 2 & 4 had not cared to file the written statement.