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2007 Supreme(Guj) 644

R.M.DOSHIT
KEDARNATH KUNJILAL AGRAWAL – Appellant
Versus
GUJARAT STATE ROAD TRANSPORT CORPORATION – Respondent


Advocates Appeared: AMIT.V.THAKKAR, Chetan Pandya, M.D.PANDYA, MAYA DESAI, S.H.SANJANWALA, S.K.BUKHARI, S.V.RAJU

( 1 ) THIS Appeal, preferred under Section 110d of the Motor Vehicles Act, 1939 [hereinafter referred to as, "the Act"] by the claimant in the Motor Accident Claim Petition No. 616 of 1982, arises from the judgment and award dated 18th May, 1984 passed by the Motor Accident Claims Tribunal, Surat [hereinafter referred to as, "the Tribunal"]. By the impugned award, the appellant claimant has been awarded compensation of Rs. 34,000/= with interest @ 6% per annum. The Award has been passed against the opponent nos. 3 and 4, the respondent nos. 2 and 3 in the present appeal, the driver and the owner of the offending vehicle bearing registration no. GTK-4693. The appellant has challenged the impugned award with respect to the amount of compensation awarded and also with respect to the liability of the respondent no. 4-Insurance Company, the insurer of the offending truck.

( 2 ) ON 3rd September, 1982, the claimant was travelling aboard the GSRTC bus bearing registration No. GRS-7511 en-route village-Vihara to Olpad. The claimant had boarded the bus at village Vihara. After travelling for a few minutes from Andhi bus stop, near a culvert, an on-coming truck " the offending vehicle collid












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