DEVENDRA SHAMJI CHHEDA Vs. RANMAL GOVA HARIJAN

JUDGEMENT

(1.) The appellants - Driver, owner and the Insurance Company of Truck No.GTY-5363 were before this Court with a submission that the tribunal was unjustified in awarding a sum of Rs.90,000=00 under the head of loss of future income and further erred in applying multiplier of 25. This appeal was filed by the appellants being aggrieved by the Judgement and award dtd.12/11/1990 passed by the Motor Accident Claim Tribunal (Auxiliary), Kutch at Bhuj in Motor Accident Claim Petition No.182 of 1984. It appears that the appellant driver namely Narayan Krishna was later on transposed as respondent No.6 and as he could not be served, the other appellants have submitted that his name be allowed to be deleted.

(2.) Mr.Mehta, learned counsel for the appellants submit that a joint appeal at the instance of the owner and the Insurance Company would not be maintainable and therefore the Insurance Company be allowed to be deleted.

(3.) The prayer is allowed. Office is hereby directed to delete the name of the respondent No.2 - New India Assurance Company Co. Ltd. from the original appeal memo within a period of 10 days.