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1978 Supreme(Guj) 66

S.H.SHETH, M.K.SHAH
ORIENTAL FIRE AND GENERAL INSURANCE COMPANY LIMITED – Appellant
Versus
GANCHI RAMANLAL KANTILAL – Respondent


Advocates Appeared: M.C.BAROT, S.B.MAJMUDAR, S.K.ZAVERI

S. H. SHETH, J.

( 1 ) THESE two appeals have been filed by the Insurance Company in a motor accidents claim case. The facts of the Case briefly stated are as under:

( 2 ) ON 20th November 1973 a station wagon belonging to Modern Construction Company was proceeding from Dharoi colony to Dharoi project site and amongst others two employees of the State Government Ramanlal Kantilal and Sevantilal Somchand were travelling by that station wagon. While taking a turn on way the station wagon fell in the nearby ditch because the driver did not slow down the speed. As a result of this accident Sevantilal died on the spot Ramanlal became unconscious and was removed to the hospital where he never regained consciousness and ultimately died on 8th of May 1975. M. A. C. T. Petition No. 19 of 1974 was filed by the heirs of Ramanlal and M. A. C. T. Petition No. 74 of 1974 was originally filed by Sevantilal himself but after his death it was continued by his heirs. Ramanlals heirs claimed the compensation of Rs. 60 0 Sevantilals heirs claimed the compensation of Rs. 50 0 Both the petitions were filed in forma pauperis. The Tribunal heard boththe petitions and made in favour of Ramanlals heirs award f




















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