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1992 Supreme(Guj) 323

B.S.KAPADIA, C.V.JANI
RAJNIKANT N. DAVE – Appellant
Versus
LILABEN WD/o KHELDAS GHANSHYAMDAS TILVANI – Respondent


Advocates Appeared: DEVANG T.SHAH, K.F.DALAL, MAGANBHAI M.DESAI, MOHIT S.SHAH

B. S. KAPADIA, J.

( 1 ) THE present appeal is filed by the appellant who is the original opponent No. 2 against the order passed by the Motor Accident Claim Tribunal (Aux.) Godhra dated 31st July 1982 as modified subsequently on 11. 11. 83 as per order in review application dated 26th October 1982. The facts of the case briefly stated are as under:

( 2 ) THE original applicants are the heirs of decd. Kheldas Ghanshyamdas Tilvani who met with an accident on 17th July 1981 at about 2 p. m. near Lal Bag Tekri on account of dash given by the Tempo bearing No. GTK 5728 owned by original opponent no. 2 and insured by original no. 3 who is the respondent no. 6 herein. At the time of accident deceased was going on bicycle and at the time he met with the accident. On account of said accident he received injury and succumbed to the injuries. The dependants who were the applicants before the Tribunal made claim for compensation of Rs. 1 88 200 According to the claimants the deceased was a businessman doing retail kirana business and his monthly income was Rs. 800 00 out of which he was spending Rs. 100-00 for himself and was utilising the rest amount for the maintenance of the family. At the ti














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