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1999 Supreme(Guj) 93

C.K.BUCH, R.K.ABICHANDANI
UNITED INDIA INSURANCE COMOANY LIMITED – Appellant
Versus
HETALBHAI C. BAGADIA – Respondent


Advocates Appeared: P.V.NANAVATI

R. K. ABHICHANDANI, J.

( 1 ) ). The appellant-Insurance Company seeks to challenge the judgment and award made by the Motor Accident Claims Tribunal (Main), Bhavnagar on 17-12-1996 in M. A. C. Petition Nos. 180, 182 and 183 of 1994, in which the claimants were awarded Rs. 4,48,000. 00 (M. A. C. Petition No. 180 of 1994), Rs. 1,48,000. 00 (M. A. C. Petition No. 182 of 1994) and Rs. 1,17,000. 00 (M. A. C. Petition No. 183 of 1994) respectively with interest. Since all the three appeals raised common questions they have been argued together by the learned Counsel.

( 2 ) ). The vehicular accident that resulted in the three claim petitions occurred on 12-11-1993 at about 10-00 p. m. , near village Bhadi on Bhavnagar-Talaja Coastal Highway. The petitions were consolidated and the evidence was recorded in M. A. C. Petition No. 180 of 1994. According to the claimants, on the day of the incident, deceased Hetalbhai and two injured claimants-Rajesh and Kalpesh were travelling in a jeep which while being driven rashly and negligently and at an excessive speed, collided with a public carrier which was lying stationary. As a result of this accident, Hetalbhai, son of the claimants of M. A. C. Pe





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