SULEMAN ISMAIL KHARADI Vs. MINOR IDARISH AHEMAD BALKI

JUDGEMENT

(1.) Shri S.B. Parikh & Shri R.H. Mehta, learned counsel for the appellants; Shri R.N. Shah, learned counsel for the respondent no.1; none for the respondent no.2.

(2.) Being aggrieved by the award made by the learned M.A.C. Tribunal [A], Panchmahals, Godhra, in M.A.C. Petition No. 461 of 1986, the Insurance Company, owner and the driver have filed this joint appeal. This Court, after following the judgment of the Supreme Court in the case of H.S. Ahammed Hussain and another v. Irfan Ahammed and another, reported in AIR 2002 SC 2483, has held that such joint appeal is not maintainable. The Supreme Court, in the above judgment has observed that such joint appeal would not be maintainable and the Court can proceed with the appeal only if name of the Insurer that is, the Insurance Company, is deleted from the cause title. Learned counsel for the appellant, however, submits that joint appeal has been filed at the instance of the Insurance Company.

(3.) Even if I direct deletion of the name of the insurer or transposition of the Insurance Company as party respondent, driver and the owner, in the set of the circumstances cannot be allowed to play trumpet for and on behalf of the Insurance Company, specially when the Insurance Company has been held jointly and severally liable.