Hetalben Arvindbhai Patel vs Motilal Naval Patil
2021 Latest Caselaw 4083 Guj

             C/FA/1025/2021                                      ORDER



       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/FIRST APPEAL NO. 1025 of 2021
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                              HETALBEN ARVINDBHAI PATEL
                                        Versus
                                 MOTILAL NAVAL PATIL
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Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1
for the Defendant(s) No. 1,2,3,4
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 CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                  Date : 10/03/2021
                                    ORAL ORDER

Heard learned advocate Mr. Nishit Bhalodi on behalf of the appellant.

By way of this Appeal, the appellant challenges the judgment and award passed by the learned MACT (Main) Bharuch dated 27.2.2020 in MACP No. 414/2016, insofar as the Tribunal has directed an order of pay and recovery as against the Insurance Company. It is submitted by learned Mr. Bhalodi that the applicant herein being owner of the vehicle, has been saddled with the liability, inter alia, on the ground that the offending vehicle is categorised as a Light Goods Vehicle (LGV) whereas extract of licence of the driver of the vehicle shows that the said driver was authorized to drive the Light Motor Vehicle (LMV). Learned advocate has relied upon the judgment of the Supreme court in case of Mukund Devangan V. Oriental Insurance Company Ltd, reported at 2007 ACJ 2011.

Considering the same, issue Notice returnable on 22.3.2021.

(NIKHIL S. KARIEL,J) SAJ GEORGE