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2013 Supreme(SC) 932

G.S.SINGHVI, V.GOPALA GOWDA
Sanobanu Nazirbhai Mirza – Appellant
Versus
Ahmedabad Municipal Transport Service – Respondent


Judgment :-

V. Gopala Gowda, J.

Leave granted.

2. The legal representatives of the deceased Nazirbhai who died in a road accident on 30th May, 1998 were aggrieved by the judgment and order dated 11.01.2012 of the High Court of Gujarat at Ahmedabad in First Appeal No. 1549 of 2002 wherein the High Court had partly allowed the appeal of the respondent and reduced the compensation awarded in favour of the claimants by the Motor Accident Claims Tribunal (in short ‘the Tribunal’) at Ahmedabad in MACP No. 563 of 1998 dated 23.10.2001 from Rs.3,51,300/- to Rs.2,51,800/- with a direction to the appellants-claimants to refund the excess amount of Rs.99,500/- along with the interest at the rate of 9% per annum. The appellants-claimants have filed this appeal urging certain grounds and prayed for setting aside the impugned judgment and award passed by the High Court.

3. The brief facts of this case are stated below to appreciate the rival claims of the parties:

On 30.05.1998, the deceased Nazirbhai was going on his bicycle to his contract work of polishing at about 10.30 a.m. at the house of one Rash









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