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2002 Supreme(Guj) 767

H.K.RATHOD, K.R.VYAS
Oriental Insurance Company Limited – Appellant
Versus
CHINTHARBHAI SIBABHAI,guardianof MINOR BHARTIBEN – Respondent


Advocates Appeared: MEGHA JANI, NIRZAR DESAI

K. R. VYAS, J.

( 1 ) THE Apex Court has observed, in paragraph 12 of the decision in the case of R. D. Hattangadi v. M/s. Pest Control (India) Pvt. Ltd. , reported in AIR 1995 SC 755 that :"12. In its very nature whenever a Tribunal or a Court is required to fix the amount of compensation in cases of accident, it involves some guess work, some hypothetical consideration, some amount of sympathy linked with the nature of the disability caused. But all the aforesaid elements have to be viewed with objective standards. "

( 2 ) HEARD learned Advocates Ms. Megha Jani appearing on behalf of the appellant and Mr. Nirzar Desai appearing on behalf of respondent No. 1-claimant.

( 3 ) ADMITTED. Notice of admission is waived by Mr. Nirzar Desai appearing on behalf of respondent No. 1.

( 4 ) AT the time of hearing the application for condonation of delay in filing this appeal, we have considered the merits of the award passed by the Motor Accident Claims Tribunal (Aux.), Bhavnagar and therefore, with the consent of both the learned Advocates, this First Appeal is taken up for final disposal, today.

( 5 ) IN this appeal, the appellant Insurance Company has challenged the award passed by the Motor















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