ORIENTAL INSURANCE CO LIMITED Vs. CHAUHAN JAGDISHBHAI RAMJIBHAI

JUDGEMENT

(1.) All the First Appeals arise against the common judgement and award passed by the Tribunal in MACP Nos.125 of 1997, 126 of 1997, 128 of 1997, 129 of 1997 and 130 of 1997, whereby the Tribunal has awarded the compensation to the respective claimants on account of the accident, which was the basis of the claim petitions.

(2.) Heard Mr.Parikh, learned Counsel for Mr.Mehta, learned Counsel for the appellant, Mr.Shah, learned Counsel for the Original Claimants in First Appeal Nos.329 and 330 of 1998 and Mr.Desai, learned Counsel on behalf of the owner and the driver of the vehicle in all the First Appeals.

(3.) The only contention raised on behalf of the appellant in the present appeals is that the Tribunal could not have fastened the liability to the Insurance Company, when the vehicle was transferred by the owner to the third party. He submitted that the date of accident is 21.1.1997 and prior that to, the vehicle was transferred by the registered owner to third party and, therefore, the Tribunal has committed error in passing the award against the Insurance Company and hence, the award passed by the Tribunal deserves to be quashed and set aside.