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2005 DIGILAW 280 (GUJ)

Munirkhan M. Pathan v. Tarlikaben Wd/o. Samir M. Tripathi & Others (for full cause title, see next sheet)

2005-04-13

BHAWANI SINGH, H.K.RATHOD

body2005
JUDGMENT : Bhawani Singh, J. Joint appeal by the owner, driver and Insurance Company is not maintainable, therefore, owner and driver have been transposed as respondents leaving the Insurance Co., sole appellant, which cannot maintain this appeal on negligence and quantum of compensation. Reference to the order passed by the Division Bench in Civil Application No. 1267 of 1993 would hardly make any difference to the conclusion aforesaid when joint appeal having been filed by insured, insurer and driver. So question of inference of collusion, allowing application under section 170 of the Motor Vehicles Act, 1988 would not arise, more so, India Ins. Co. Ltd. and Anr. 2004 ACJ 448 . Consequently, appeal is dismissed as not maintainable leaving the parties to bear their own costs of this Court. Appeal dismissed.