NATIONAL INSURANCE CO LTD Vs. MONGHIBEN KODARBHAI PARMAR

JUDGEMENT

(1.) HEARD learned Advocate Mr. SB Parikh for learned Advocate Mr. Rajni H. Mehta for appellant, learned senior advocate Mr. YS Lakhani for respondent NO. 6 Hirabhai Govabhai Patel, learned Advocate Mr. JV Japee for respondents claimants and learned Advocate Mr. KK Nair for respondent NO. 9. Notice issued by this Court to respondent No. 5,7 and 8 is served on them but they have not appeared before this Court either in person or through an advocate. In First Appeal No. 4169 of 1998 also, though respondents no. 2,4 and 5 have been served with the notice issued by this court, they have not appeared before this Court either in person or through an advocate.

(2.) THESE appeals have been filed by appellant National Insurance Co. Ltd. challenging common award made by MACT Sabarkantha District Himatnagar Exh. 88 in Claim Petition NO. 431 of 1989 and Claim Petition NO. 535 of 1989 dated 30th May, 1998.

(3.) SHORT question arising for consideration of this court in these appeals is, whether the policy issued by appellant insurance company in respect of vehicle involved in accident bearing No. GAD 7791 was in existence or not on the date of accident 4th March, 1989.