Judgments
Judgments
  1. Home
  2. /
  3. High Court Of Gujarat
  4. /
  5. 2012
  6. /
  7. January

Minor Girish R Makwana By His Mother Maghiben R Makwana & 1 ­ Defendants

High Court Of Gujarat|12 March, 2012
|

JUDGMENT / ORDER

1. In connection with the vehicular accident that took place on 26.04.1989 involving the motor­cycle bearing registration No. GBG 3388 in which respondent no.1, original claimant, sustained severe injuries, M.A.C.P. No.633/1989 was preferred before the Motor Accident Claims Tribunal (Main), Rajkot. The said claim petition was allowed in part by judgment and award dated 25.08.1995.
2. Being aggrieved by the said award, the appellants, original opponents no.1 & 4, have preferred the present appeal.
3. Heard learned counsel for the appellants. Though served, none appears on behalf of the respondents. It appears from the record that requisite premium in respect of the policy of insurance was not paid in cash but, a bank guarantee was supplied. The said amount of bank guarantee got credited with the Insurance Company only on 04.05.1989. The accident in question took place on 26.04.1989. Thus, on the date of accident, the premium was not paid and accordingly, the vehicle was not having coverage of insurance. Hence, the Tribunal was justified in passing the impugned award. I am in complete agreement with the reasonings given by the Tribunal and therefore, find no reasons to entertain the present appeal.
4. For the foregoing reasons, the appeal is dismissed. No order as to costs.
[K. S. JHAVERI, J.] Pravin/*
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

Minor Girish R Makwana By His Mother Maghiben R Makwana & 1 ­ Defendants

Court

High Court Of Gujarat

JudgmentDate
12 March, 2012
Judges
  • Ks Jhaveri
Advocates
  • Mr Mehul S Shah