Case summary Gujarat High Court At Ahmadabad Bench

The United India Insurance Company Ltd. V Gamirbhai, Gamirabhai, Gambhirbhai, Gemarbhai, Panglabhai Meda
R/First Appeal No.1 of 2020

Facts
The petitioner had stated that on 17/05/2013 the deceased was going as a pedestrian. At the time when the deceased reached near the spot of the accident, a driver of a hydraulic crane drove his vehicle harshly and collided with the deceased.
As a result of this accident, the deceased received severe injuries. Therefore, the claimants had filed a motor accident claim petition before the tribunal claiming compensation of Rs.20,00,000 and the tribunal awarded compensation of Rs.8,78,000 along with costs and interest at 9% per annum.

Issue
The counsel for the Appellant had contended that the tribunal had committed an error because the appellant’s insurance company had no liability if the driver was not holding a valid driving license and that the license was fake.

Judgement
The present appeal is partly allowed. The impugned judgment and award stands modified to the aforesaid extent. Record and proceedings be remitted back to the concerned Tribunal forthwith if received by this court. No order as to costs.
The Civil Application for stay would not survive and the same is accordingly disposed of.

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