NATIONAL INSURANCE COMPANY LTD Vs. SHANTABEN MANCHHAGIRI GOSWAMI

JUDGEMENT

(1.) The present appeal is directed against the common judgment rendered in MACP No.540/07 by Motor Accident Claims Tribunal(Aux), Gandhinagar.

(2.) Mr. Maulik Shelat, learned counsel appearing for the appellant at the outset submits that respondent no.3, the owner of the vehicle insured, is not served. However, the appellant insurance company does not dispute the liability and hence, the respondent no.3 be permitted to be deleted. The record indicates that respondent no.3 is unserved and at the request of the learned counsel appearing for the appellant, the respondent no.3 is permitted to be deleted. Mr. P.M. Darji, learned advocate appears for respondent no.4original complainant. Though served, no one appears for respondents no.1 and

(3.) The facts which deserves to be noted are as under