VITHALBHAI AMBALAL PANDYA Vs. VINAYAK PUNAMBHAI PATEL

JUDGEMENT

(1.) Heard Mr.N.C. Thakker, learned counsel for the appellant Mr.D.F. Amin, learned counsel for the respondent Nos.1 and 2 and Mr.V.C. Thomas, learned counsel for the respondent No.3 in First Appeal No. 1028 of 1987 and Mr.V.C. Thomas, learned counsel for the appellant, Mr.Nirav C.Thakker, learned counsel for the respondent No.1 and Mr.D.F. Amin, learned counsel for the respondent Nos.2 and 3 in First Appeal No.1094 of 1987.

(2.) The claimants, being aggrieved by the award dtd.10/11/1986 passed by the Motor Accident Claim Tribunal (Main), Nadiad in Motor Accident Claim Petition No.913 of 1983, has filed First Appeal No.1028 of 1987 seeking enhancement, while the Insurance Company has filed First Appeal No.1094 of 1987 with a submission that the Insurance Company could not be held liable to make the payment of any amount.

(3.) As owner and driver have not filed any appeal challenging rashness and negligence on the part of the driver, occurrence of the accident and the liability of the owner and driver, this Court is not required to detail those facts. This Court would be required to decide that whether the Insurance Company is liable to answer the claim and whether the claimant is entitled to claim something more.