NEW INDIA ASSURANCE CO Vs. VALJI AMARA RAJPUT

JUDGEMENT

(1.) Ms.Lilu K.Bhaya, learned counsel for the appellants. None for the respondent No.1. None for the respondent No.2 though the name of Mr.Mukesh Prajapati, learned counsel is shown in the daily cause list.

(2.) The Insurance Company, being aggrieved by the award dtd.27/11/1990 passed by the Motor Accident Claim Tribunal (Main), Kutch at Bhuj in Motor Accident Claim Petition No.256 of 1985, is before this Court with a submission that the tribunal erred in making an award in sum of Rs.1,20,000=00 in favour of the claimant.

(3.) On being asked as to how the Insurance Company can challenge the amount which has been awarded in favour of the claimant, the learned counsel for the appellants submitted that in absence of appearance of the driver and owner, present appellants were allowed to contest the issue on all possible grounds.