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2001 Supreme(Guj) 90

H.H.MEHTA, H.R.SHELAT
NEW INDIA ASSURANCE COMPANY LIMITED – Appellant
Versus
MUNA MAYA BASANT W/o. SHER BAHADUR BASANT – Respondent


Advocates Appeared: Lilu K.Bhaya, P.V.NANAVATI, SURESH M.SHAH

H. R. SHELAT, J.

( 1 ) THESE two appeals are directed against the orders passed by the Motor Accident Claims Tribunal at Bhuj awarding compensation as per structured formula under Sec. 163-A of the Motor Vehicles Act, 1988, (for short the Act)

( 2 ) IN these two appeals, common questions of law and facts are raised. With a view to avoid waste of time, hardships to the parties, and conflicting judgments, we have preferred to hear the appeals together and dispose the same of by a common judgment. Accordingly, the appeals are heard and by this common judgment all the three appeals shall stand disposed of.

( 3 ) VIR Bahadur, the son of Sher Bahadur and opponent No. l, was going from Kandla to Indore driving the tanker No. GJ-12-T-7723. Tek Bahadur was the cleaner on the tanker. Vir Bahadur was driving the tanker cautiously remaining on the left side of the road and at the moderate speed. On 15th july, 1996 at 1. 30 p. m. he reached Ghatpir on Dahod-Godhra road. He was negotiating the curve on the by-pass road. The tanker suddenly went off the southern side of the road and turned turtle. Vir Bahadur sustained serious injuries and succumbed to the same at the spot. Vir Bahadur was earning






















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