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2009 Supreme(Guj) 490

H.K.RATHOD
KANTIBHAI VALJIBHAI SHAH – Appellant
Versus
KOKILABEN WD/O. HARIBHAI AMBALAL PATEL – Respondent


Advocates appeared
MR SH SANJANWALA for Appellant
NOTICE SERVED for Defendant
MR YN RAVANI for Defendant
NOTICE NOT RECD BACK for Defendant
DELETED for Defendant
MR AV TRIVEDI for Defendant

ORAL JUDGMENT

1) Heard learned advocate Mr. MTM Hakim for learned Senior Advocate Mr. S. H. Sanjanwala on behalf of appellants, learned advocate Mr. T. P. Satta for learned advocate Mr. A. V. Trivedi appearing for respondent no.7-United India Insurance Co. Ltd., learned advocate Ms. Renu Singh for learned advocate Mr. Y. N. Ravani appearing for respondents-claimants.

2) The appellant being a owner of vehicle-Visat Travels-a partnership firm through its partner challenging common award passed by Motor Accident Claims Tribunal, Mehsana in respect to Motor Accident Claim Petition Nos.426 of 1986 and 427 of 1986, Exh.135,decided on 18/1/1993.

3) Brief facts of present appeals are as under:

3.1) The deceased Haribhai Ambalal was driving scooter No.GAL-3614 and deceased Babubhai Ambalal was a pillion rider of that scooter and both of them were going from Shertha to Kalol on 11/5/1986. The scooter was being driven by Haribhai on correct side of road with moderate speed and when scooter reached near IFFCO, opponent no.1 who was driving luxury bus bearing registration no.GRX-1313 in a rash and negligent manner and with full speed lost his control on steering and dashed with scooter from beh





















































































































































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