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1981 Supreme(Guj) 52

S.B.MAJMUDAR
BOMANJI RUSTOMJI GINWALA – Appellant
Versus
IBRAHIM VALI MASTER – Respondent


Advocates Appeared: B.J.SETHNA, JYOTINDRA V.DESAI

S. B. MAJMUDAR, J.

( 1 ) IN this appeal filed by the claimant under sec. 110-D of the Motor Vehicles Act 1939 a short question regarding award of proper compensation for accidental damage caused to the car of the appellant arises for consideration of this court.

( 2 ) THE claimant filed M. A. C. petition No. 12 of 1976 before the Motor Accident Claims Tribunal at Broach. In the said claim petition he contended that motor car bearing No. G. T. I. 5440 was owned by him. On 18/10/1975 at 7 p. m. his son Farokh Romanji Ginwala was driving the said motor car and was going from Mohmedpura side towards the railway station i. e. from west to east in Broach city. When his car was at a distance of 50 feet from a place popularly known as Panchfanas a tractor with a trowler trailer bearing No. GJN 8557 with a cultivator about 7* feet long attached at the back of the tractor was going from east to west. The claimant alleged that the tractor was driven with dazzling light and the cultivator attached at the back of the tractor was not in a fixed state but was moving to and fro along with the motion of the tractor and when the car driven by his son passed by the side of the tractor the pointed hook








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