FA/574/2005 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 574 of 2005 For Approval and Signature: HONOURABLE MR.JUSTICE BHAGWATI PRASAD HONOURABLE MR.JUSTICE S.R.BRAHMBHATT ========================================= = 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 ? ========================================= = NATIONAL INSURANCE COMPANY Versus LEAL HERIS OF DECEASED INAYAT HUSEIN SULEMANBHAI AND OTHERS ========================================= =Appearance : MR DAKSHESH MEHTA for the Appellant MS PAURAMI B SHETH for Defendant(s) : 1, RULE SERVED for Defendant(s) : 2 - 7. ========================================= = CORAM : HONOURABLE MR.JUSTICE BHAGWATI PRASAD and HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 01/09/2008 ORAL JUDGMENT FA/574/2005 2/2 JUDGMENT (Per : HONOURABLE MR.JUSTICE BHAGWATI PRASAD) Heard the learned counsel for the parties. This is an appeal of the Insurance Company challenging the quantum. The right of the Insurance Company challenging the quantum comes from permission, which had been sought under Section 170 of the Motor Vehicles Act to defend. The Insurance Company has not chosen to produce any evidence to rebut the claim. In absence of any rebuttal, it is very difficult to de-settle the findings given by the Tribunal which are recorded after observing the demeanor of witnesses. There being no rebuttal, the appeal of Insurance Company is not liable to be entertained. The appeal has no force and the same is dismissed. In a vibrant State, if a person earns what has been stated by the Tribunal, in absence of rebuttal, we would not de-settle those findings. Record and proceedings be sent back forthwith. (BHAGWATI PRASAD, J.) (S.R.BRAHMBHATT, J.) omkar