LAWS(GJH)-2007-9-92

POLICE CONSTABLE Vs. LAXMAN NARAN RABADIYA

Decided On September 05, 2007
POLICE CONSTABLE Appellant
V/S
LAXMAN NARAN RABADIYA Respondents

JUDGEMENT

(1.) The appellants, driver, owner and Insurance Company of Jeep No. GTL-8734, being aggrieved by the award dated 4th April, 1991 passed by the learned Motor Accident Claims Tribunal (Main), Kutch at Bhuj in M.A.C.P. No. 67 of 1984, are before this Court with a submission that the learned Tribunal below was absolutely unjustified in awarding a sum of Rs.2,07,000/- in favour of the claimants.

(2.) The appellants have confined their appeal to the extent of Rs.1,50,000/- only, meaning thereby, they are not challenging the findings of the learned Tribunal below in relation to rashness, negligence and liability of all concerned to pay the amount awarded in favour of the claimants.

(3.) Shri Rajni Mehta, learned Counsel for the appellants, submitted that as a joint appeal at the instance of the owner, driver and Insurance Company would not be maintainable, appellant Nos.1 and 2 be permitted to delete the name of appellant No.3 and the appeal may be heard on merits.