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1995 Supreme(Guj) 296

R.K.ABICHANDANI
BHAVNAGAR MUNICIPAL CORPORATION – Appellant
Versus
BACHUBHAI ARJANBHAI – Respondent


Advocates Appeared: GUPTA SANJAY, HARUBHAI MEHTA, J.D.AJMERA

R. K. ABICHANDANI, J.

( 1 ) ). The appellants have challenged the judgment and order dated 13-7-1979 of the Motor Accident Claims Tribunal Bhavnagar awarding compensation of Rs. 21 0 with interest at 7 1/2 per cent per annum to the claimants against the appellants.

( 2 ) ). In a motor accident that took place on November 29 1978 on Gogha Road at Bhavnagar one Dahyabhai Bachubhai died and therefore his parents and minor brother and sister referred the Claim Petition against the driver the State of Gujarat who was the owner of the vehicle and the Bhavnagar Municipality i. e. the appellant No. 1 (now Municipal Corporation) who had used the vehicle through its driver-the appellant No. 2. It was found by the Tribunal that the accident had occurred due to rash and negligent driving of the appellant No. 2 of tanker No. GTP 4645 which had dashed against the deceased while he was walking by the road side. The deceased was 19 years of age doing masonary work but the Tribunal assessed his income only at Rs. 200. 00 per month. Applying the multiplier of 15 and assessing the dependency at Rs. 100. 00 per month the Tribunal calculated the economic loss to the claimants at Rs. 18 0 and adding to t








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