NATIONAL INSURANCE CO LTD Vs. JABUBEN NARANBHAI BHARWAD

JUDGEMENT

(1.) Heard learned advocate Mr. Rushang D.Mehta appearing with Mr. Dakshesh Mehta for the appellant, learned advocate Mr. R.K. Mansuri for respondent No.1 and learned advocate Ms. Shivangi M.Rana for respondent No.4 in both the First Appeals. Rest of the respondents, though duly served, have remained absent. Perused the record as well as original R & P of the Tribunal.

(2.) Both these appeals are arising out of the common judgment and order dated 20.11.2014 in M.A.C.P. Nos.650 of 1998 and 651 of 1998 by the M.A.C.T. of Ahmedabad (Rural). Therefore, both these appeals are heard together and decided by this common CAV judgment, since basic issue raised in both the appeals regarding liability of the Insurance Company to pay compensation to the claimants are common in both the appeals.

(3.) As the Insurance Company has mainly contended about their liability based upon cancellation of policy by them, there is no much dispute with reference to nature of incident and its result and therefore, those details are not much relevant to be reproduced herein. It is well described in the pleadings as well as in the impugned award. However, when two vehicles are involved in the accident and legal heirs of one of the victim of accident being driver of one of the vehicle have also preferred claim petition, it would be appropriate to record the basic facts, that on 3.4.1998, when deceased victims of road accident being Naranbhai Bharwad and Shardulbhai Bharwad along with Chaganbhai Rajabhai Bharwad and Rasulbhai Mansuri, thereby, in all five passengers were travelling in Fiat Car No.GBE-7329, near Pirana Toll Naka, one Truck No.RNS-2931 had dashed the Fiat Car and there was head-on collusion between both the vehicles. It is undisputed fact that Fiat Car was being driven by Shardulbhai Bharwad, and Shardulbhai Bharwad as well as Naranbhai Bharwad had received fatal injuries in the accident.