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1994 Supreme(Guj) 237

J.M.PANCHAL
COMPETENT AUTHORITY,gujarat HOUSING BOARD – Appellant
Versus
MITHAKHAN DINAKHAN NOTIYAR – Respondent


Advocates Appeared: P.F.MAKVANA

J. M. PANCHAL, J.

( 1 ) THE order dated July 8, 1992 passed below Exh. 13 in m. A. C. P. No. 597 of 1991 by the Motor Accident Claims Tribunal (Main), Kutch at Bhuj under Sec. 140 of the Motor Vehicles Act, 1988 ("the Act" for short) directing the petitioner and opponent Nos. 2 and 3 herein to pay an amount of rs. 12,000/- (Rupees twelve thousand) with interest at the rate of 12% per annum from the date of the application till realisation, is the subject-matter of challenge in the present Revision Application which is instituted under Sec. 115 of the Code of Civil Procedure.

( 2 ) THE opponent No. 1, i. e. , M. D. Notiyar is the original claimant in M. A. C. P. No. 597 of 1991. The accident in question took place on November 11, 1991. The claimant was travelling by Truck bearing registration No. GJ-12-T-5601 which is owned by opponent No. 3 herein and which was being driven at the relevant time by the opponent No. 2 herein. The case of the claimant is that because of rash and negligent driving of the Truck by the opponent No. 2, the Truck turned trutle, as a result of which he sustained several fractures and injuries and has suffered permanent disablement. Under the circumstances, b










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