NATIONAL INSURANCE CO.LTD Vs. LAXMANBHAI NARUBHAI

JUDGEMENT

(1.) Heard learned advocate Mr. Dakshesh Mehta for the appellant/s and learned advocate Mr. Niral R. Mehta for the respondents - original claimants. Rest of the respondents, though duly served, have chosen to remain absent. All these appeals are arising out of common and consolidated judgment and award dated 3.7.2005 in group Motor Accident Claim Petition Nos.958 of 1994 to 970 of 1994 before the Motor Accident Claims Tribunal of Bharuch.

(2.) The appeals are mainly filed on a legal issue regarding liability of the Insurance Company to indemnify the owner in given facts and circumstances and therefore, details of the claimants with reference to their different claim petitions and thereby, different appeals, are not much material to be reproduced herein, because, those facts are clearly and properly disclosed in the impugned judgment itself. Therefore, I do not want to reproduce those minute factual information in detail.

(3.) Similarly, so far as nature of accident and liability of tortfeasor and vicarious liability of owner of vehicle is also not material, because, none of the drivers or owners have challenged the impugned award and therefore, details of accident is also well described in the impugned judgment, I do not see any reason to reproduce the same.