The United India Insurance ... vs Hemabhai Jagmalbhai Desai Rabari
2023 Latest Caselaw 1825 Guj

       C/FA/743/2023                             ORDER DATED: 21/02/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 743 of 2023
                                   With
                CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
                                    In
                       R/FIRST APPEAL NO. 743 of 2023

==========================================================
                THE UNITED INDIA INSURANCE COMPANY LTD
                                  Versus
                   HEMABHAI JAGMALBHAI DESAI RABARI
==========================================================
Appearance:
MR MAULIK J SHELAT(2500) for the Appellant(s) No. 1
for the Defendant(s) No. 1,2,3
==========================================================

  CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                             Date : 21/02/2023

                              ORAL ORDER

This appeal is filed against the judgment and NFL award dated 26.3.2021 passed below Exh.4 by Motor Accident Claims Tribunal (Aux), Banaskantha @ Deesa in Motor Accident Claims Petition No.3138 of 2009.

At the time of hearing, Mr.Shelat, learned advocate for the appellant states that final judgment award is passed in the aforesaid MACP and the insurance company has challenged the same by filing separate proceedings.

In view of above, present First Appeal as well as Civil Application are disposed of with a clarification that all the rights and contention of the insurance company are kept open and the insurance company can raise all the grounds available to it in such proceedings.

(GITA GOPI,J) R.S. MALEK