ORIENTAL INSURANCE CO LTD Vs. MAHESHBHAI GORDHANBHAI BHAVSAR

JUDGEMENT

(1.) THE present appeal is preferred to challenge the judgment and award rendered by M. A. C. T. (Main), Ahmedabad (Rural) in M. A. C. P. No. 510 of 1992 on 14. 8. 1998.

(2.) THE Tribunal, after considering the evidence on record, found that respondent no. 4 has not entered the witness box in support of the plea taken by him in the written statement. The said plea runs contrary to the FIR lodged by him immediately after the accident which indicates that the jeep car was driven by the deceased and not Andarsinh. The Tribunal, therefore, came to a conclusion that it was the deceased who was driving the jeep car.

(3.) WE have heard learned advocates Mr. K. K. Nair for the appellants, Mr. H. M. Parikh for respondent no. 3, Mr. S. R. Patel on behalf of Mr. A. J. Patel for respondent nos. 1,2, 5 to 7 and Mr. Darshan Parikh for opponent no. 4.