LAWS(GJH)-2007-9-101

RAJNIKANT GANDALAL PATEL Vs. GORDHANDAS CHHOTALAL PATEL

Decided On September 05, 2007
RAJNIKANT GANDALAL PATEL Appellant
V/S
GORDHANDAS CHHOTALAL PATEL Respondents

JUDGEMENT

(1.) The appellants, driver, owner and Insurance Company of Car No. GBN-910, being aggrieved by the award dated 25th March, 1991 passed by the learned Motor Accident Claims Tribunal No.4, Ahmedabad in M.A.C.P. No. 310 of 1988, are before this Court with a submission that the learned Tribunal below erred in awarding a sum of Rs.1,22,400/- in excess of the liability of the appellants.

(2.) Shri Rajni Mehta, learned Counsel for the appellants, submitted that in view of the judgement of the Supreme Court, a joint appeal by the driver, owner, insured and insurer would not be maintainable, therefore, appellant No.3 be allowed to be deleted. It is accordingly ordered. Office to make necessary corrections in the cause title within ten days.

(3.) As the present appellants are not challenging the total amount of award, that is, Rs.1,22,400/-, but, are confining their claim in the appeal to Rs.82,400/-, it would not be necessary for this Court to detail the facts and burden this judgement.