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2006 Supreme(Guj) 795

AKIL KURESHI, M.S.SHAH
ORIENTAL INSURANCE CO LTD – Appellant
Versus
SAVTHANJI KHODAJI THAKOR – Respondent


Advocates Appeared: H.S.MUNSHAW

M. S. SHAH, J.

( 1 ) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the judgment and award dated 19. 10. 2004 of the Motor Accident Claims Tribunal, Ahmedabad Rural in MAC Petition No. 1745 of 1990 awarding compensation of Rs. 96,469/- with interest at the rate of 9% per annum from the date of the claim petition till realization to respondent No. 1 herein (original claimant) on account of the injuries sustained by the claimant in a motor vehicle accident.

( 2 ) ON 24. 3. 1989, the claimant was engaged in the work of processing wheat in the thresher in the field of Merubhai Somabhai Thakore when the thresher was attached with tractor No. GRG-9150 and the tractor was being driven by original opponent No. 1 (respondent No. 2 in this appeal ). When the tractor was moving the thresher, the right hand of the claimant was crushed by the thresher. The claimant, therefore, filed the claim petition for compensation of Rs. 2 lakhs. The Tribunal held that the accident was caused by the sole negligence of the driver of the tractor. The following amounts have been awarded by the Tribunal for compensation under different heads:-

Rs. 51,149/- for loss of future i









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