LAWS(GJH)-1999-2-63

RATNIBEN NATHALAL BADABHAI Vs. RAMANLAL SHANKARLAL PATEL

Decided On February 24, 1999
RATNIBEN NATHALAL BADABHAI Appellant
V/S
RAMANLAL SHANKARLAL PATEL Respondents

JUDGEMENT

(1.) As all these civil revision applications have arisen from the one and the same motor vehicle accident, they are being taken up for hearing together and are being disposed of by this common order.

(2.) The claimants-petitioners in these civil revision applications filed application for grant of interim compensation on the principle of "no fault liability" as provided under Section 140 of the Motor Vehicles Act, 1988. Under the order impugned in these civil revision applications, this application came to be granted against only the owner of the vehicle but no order has been passed against the insurance company. Hence these civil revision applications.

(3.) The offending vehicle in this case is mini luxury bus No.RJ-03-P-0277. The learned tribunal has found prima-facie that this vehicle is involved in the accident in which the claimants sustained injuries or bread winner of some of the claimants have died. The insurance company has been exonerated only on the ground that xerox copy of insurance policy which has been produced, there is overwriting on the date of issue of police and date of expiry of insurance.