NEW INDIA ASSURANCE CO. LTD Vs. JANAKBEN BHUPATBHAI

JUDGEMENT

(1.) Both these petitions arise from the self same common judgment and award dated 22.2.2013 passed by MACT (Auxi) in MACP no. 77/2006 and cognate claim petition.

(2.) I have heard Mr. Sunil Parikh, learned advocate for the appellant-Insurance Company.

(3.) For the disposal of the present petition it is not necessary to delve into the facts of the case. Suffice to state that two claim petitions being MACP No. 77/06 and MACP NO. 109/2007 came to be filed in the MACT, Surendranagar, in respect of the accident which took place on 1.2.2006 between authorickshaw bearing registration GJ 11.V. 2355 and truck bearing registration No. PB-13-M-7698. The victims were the passengers in the offending rickshaw bearing registration GJ-11-V-2355. The Tribunal by impugned common judgment and award partly allowed the claim petition and determined the inter se liability of the drivers of the vehicles of the offending vehicle at 50% each. The offending truck was insured with the appellant-Insurance company. The claimants have preferred the execution petition in the Tribunal to recover the awarded compensation from the appellant-Insurance company. The appellant-Insurance company has already deposited its share of the liability ie 50% of the awarded compensation. The claimants have preferred execution petition in the Tribunal to recover the rest of 50% compensation from the appellant-Insurance company. The Tribunal by order dated 9.1.2017 has allowed the execution application. The appellant is aggrieved by this order/