ORIENTAL INSURANCE CO. LTD. Vs. VAHIDABIBI SAIDUMIYA SAIYED

JUDGEMENT

(1.) These First Appeals are filed by the appellant under Section 173 of the Motor Vehicle Act praying to quash and set aside the judgment and order dated 30.1.2004 passed by the learned Motor Accident Claim Tribunal, Valsad in Motor Accident Claim Petition No. 615 of 2002.

(2.) It is the case of the appellant that on 24.4.1994 deceased Saidumiya Mirsadmiya Saiyed, deceased Manohar Ramkrushna Naik, injured Pritiben Kamlakar Purani and Bhagyashri Arvindbhai Joshi were coming from Mumbai to Ahmedabad in ambassador car bearing No.GTV7020. When they were passing from Vapi Udhyognagar, Chharvada road at about 7:45 hours, at that time opponent No. 1 came driving Truck bearing No.HIH1181 of ownership of opponent No. 4 in rash, negligent and carelessly and dashed with the car breaking the traffic law. As a result, the passengers travelling in the car viz. Pritiben Kamalkar Purani-applicant, Bhagyashri Arvindbhai Joshi-applicant were injured and Saidumiya Mirsadmiya Saiyed and Manohar Ramkrushna Naik expired due to serious injuries. The car was damaged.

(3.) Heard Ms. Karuna V. Rahevar, learned advocate for the appellant, Mr. Hiren M. Modi, learned advocate for the respondent Nos. 1, 4 and 6 and Mr. Vibhuti Nanavati, learned advocate for the respondent No. 8.