LAWS(GJH)-2018-9-253

PRABHATBHAI KALUBHAI KOLI Vs. RAMSINGBHAI GALSING MANDLAV

Decided On September 11, 2018
Prabhatbhai Kalubhai Koli Appellant
V/S
Ramsingbhai Galsing Mandlav Respondents

JUDGEMENT

(1.) Heard learned advocate Mr. Mansuri for the appellant as well as Mr. Shah, learned advocate for the respondent No3. Perused the record.

(2.) Learned advocate for the appellants submits that since the appeal is mainly on the ground of quantum of compensation and since Insurance Company has not challenged the award and thereby, accepted their liability to pay compensation, relying upon the decision of Hon'ble Supreme Court of India in the case between A. Robert v. United India Insurance Co. Ltd. reported in AIR 1999 SC 2977 read with Order 41, Rule 14(4) of the C.P.C, notice upon unserved respondent No. 2, being owner of the involved vehicle is dispensed with. Whereas, respondent No. 1 is already deleted.

(3.) The appellants herein have challenged the judgment and award dated 18.3.2017 in Motor Accident Claims Petition No. 2469/2000 by Motor Accident Claims Tribunal, Panchmahals @ Gohdra, wherein they have claimed Rs. 12,55,000/- as compensation for the death of their son Jashvantbhai.