FA/540/1980 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 540 of 1980 TO FIRST APPEAL NO.543 of 1980 HONOURABLE MR.JUSTICE KS JHAVERI =================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? =================================== ORIENTAL FIRE & GENERAL INSURANCE CO. LTD. & 2 - Appellant(s) Versus AYESHBIBI W/O. IBRAHIMKHAN PATHAN & 2 - Defendant(s) =================================== Appearance : MR SB VAKIL for Appellant(s) : 1 - 3. NOTICE SERVED for Defendant(s) : 1, MR MI PATEL for Defendant(s) : 2 - 3. =================================== FA/540/1980 2/3 JUDGMENT CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 09/05/2008 ORAL JUDGMENT 1. The Insurance Company has challenged the judgement and award dated 16.10.1979 passed by M.A.C. Tribunal, Sabarkantha, Himmatnagar, in MAC Case Nos.108 to 111 of 1978. 2. The accident in question has taken place on 17.3.1973 between two trucks. Truck bearing GTH 7586 was proceeding towards Modasa and Truck No.RJY 3099 came from the opposite direction and there was a collision. The legal representatives of the deceased in the accident filed Motor Accident Claim Case Nos.108, 109, 110 and 111 of 1978 before the MAC Tribunal, Sabarkantha which came to be allowed against which the present appeal has been filed. 3. The main contention raised on behalf of the Insurance company is regarding contributory negligence. This aspect has been considered by the Tribunal in para 14 of the judgement and came to the conclusion that the opponent no.3 the Insurer of the Motor FA/540/1980 3/3 JUDGMENT Truck No.RJY 3099 has failed to establish that the accident had occurred because of sole negligence on the part of the driver of the motor Truck No.GTH 7586. I am in complete agreement with the reasonings adopted and findings arrived at by the Tribunal and no case is made out to cause interference. 4. In the premises aforesaid the appeals are dismissed. No order as to costs. 5. Since the appeals are dismissed, the cross objections also would not survive and are accordingly disposed of. [K.S. JHAVERI, J.] ar