Heard Mr. Vibhuti Nanavati, learned advocate, for the appellant and it is submitted that the claims Tribunal erred in ignoring the ratio of Yellawwa and Anr. v. National Insurance Company Limited & Ors. [2007 ACJ 1934]and further that the owner himself was driving the vehicle at the time of accident. Learned Tribunal ought to have considered that opponent No.1, the driver-cum-owner of the Motorcycle GJ-3-BD-5284 at the time of accident was driving the motorcycle without driving license and contrary to the decision of this Court rendered in First Appeal No. 19 and 20 of 2005 dated 8.5.2012 of this Court. As against above, the Tribunal placed reliance in the cases of New India Assurance Co. Ltd. Ahmedabad v. Mithakhan Dinakhan Notiyar & Ors. [1995 (2) GLR 1111] and Eshwarappa & Anr. vs. C.S. Gurushanthappa & Anr. [AIR 2010 SC 2907].
ADMIT.
ORDER IN CIVIL APPLICATION Rule returnable on 25th July, 2012.
Ad-interim relief in terms of para 6(A) on the condition that decretal amount of the judgment and award impugned in this appeal be deposited before the Tribunal within four weeks from today.
[ANANT S. DAVE, J.] //smita// Top