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2006 Supreme(Guj) 831

M.S.SHAH, K.M.MEHTA
SHANTABEN WIDOW OF DECEASED KANTIBHAI PUNJABHAI VANKAR – Appellant
Versus
YAKUBBHAI IBRAHIMBHAI PATEL – Respondent


Advocates Appeared: M.C.BHATT, RAJNI H.MEHTA

K. M. MEHTA, J.

( 1 ) SHANTABEN widow of deceased Kantibhai Punjabhai Vankar and others, appellants-original claimants (petitioners) have filed this appeal under Section 110d of the Motor Vehicles Act, 1939 (hereinafter referred to as "the Act") against the judgement and award dated 28. 8. 1985 passed by the Motor Accident Claims Tribunal, Himmatnagar, Sabarkantha in M. A. C. Petition No. 30 of 1983. By the impugned award, the Tribunal has held that the claimants are entitled to recover a sum of Rs. 1,36,000/- from all opponents, viz. , opponent No. 1 Yakubbhai Ibrahimbhai Patel and opponent No. 2 Faquirmohmed Noormohmed Memon with proportionate costs and interest at the rate of 6% per annum from the date of the application. However, as regards Insurance Company, opponent No. 3 is concerned, the Tribu has held that the liability of the Insurance Company, is restricted to Rs. 50,000/- with proportionate costs and interest only. The Tribunal further held that all the opponents are jointly and severally liable to pay the aforesaid amount of compensation and to bear their own costs and the rest of the claim of the claimants is rejected. The Tribunal passed order for investment / disbur













































































































































































































































































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