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1970 Supreme(Guj) 142

D.A.DESAI, J.B.MEHTA
HIRJI VIRJI TRANSPORT – Appellant
Versus
BASIRANBIBI MOHAMEDMIYA MOHAMEDHUSSEIN MUNSHI – Respondent


Advocates Appeared: AKSHAY H.MEHTA, K.U.BHATT, S.B.VAKIL

J. B. MEHTA, J.

( 1 ) THE owner of the truck the driver and the concerned insurance company have filed this appeal against the award of the learned Claims Tribunal awarding an amount of Rs. 45975/by way of damages to the widow respondent No. 1 and the three minor sons-respondents 5 to 7. Respondents 2 and 3 were the major sons and respondent No. 4 was the married daughter who were not dependents and who have not raised any dispute for inter-se apportionment of the compensation amount. Even before us respondents 2 to 4 have not made any grievance and therefore the case has entirely proceeded on the footing that the amount is to be awarded under both the relevant secs. 1a and 2 as regards the loss of dependency benefit and the loss to the estate only to those four respondents the widow and the three minor sons. The truck of the appellants 1 and 2 MRT 4756 had dashed against the scooter driven by the deceased Mahmadmiya Mohamed Hussein on the outskirts of the Fatehpur village on August 7 1966 The concerned truck was coming from Ahmedabad side and was going to Bavla on the Ahmedabad-Bavla Road from east to west; while the deceaseds scooter with witness Jambu Nazir ex. 99 on the pillion










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