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2008 Supreme(Guj) 455

K.S.RADHAKRISHNAN, AKIL KURESHI
SURPAL SINGH LADHUBHA GOHIL – Appellant
Versus
RALIYATBAHEN MOHANBHAI SAVLIA – Respondent


Advocates: P.S.PATEL,

K. S. RADHAKRISHNAN, J.

( 1 ) THIS appeal has been preferred by the owner of a Tempo Van bearing Registration No. GTS 7035, aggrieved by the judgment and order passed by the learned Single Judge holding that the claimants are entitled to enforce the award passed by the Motor accident Claims Tribunal (II), Amreli for the injuries caused to the original claimant in an accident which took place on 24. 5. 1984.

( 2 ) CLAIM petition was preferred by Mohanbhai Khodabhai claiming a total amount of Rs. 70,000/- for the injuries sustained by him in the motor accident which took place on 24. 5. 1984 at Padar, village Rajeshtali.

( 3 ) DURING the pendency of the claim petition, original claimant died on 27. 10. 1988. Respondents Nos. 1 and 2 herein preferred an application before the Tribunal for impleading them and to prosecute the claim petition, claiming that they are the legal heirs and representatives of the deceased Mohanbhai Khodabhai. They were accordingly brought on record and the Tribunal proceeded with the claim petition.

( 4 ) ON facts, Tribunal had found that the original claimant Mohanbhai had sustained fracture of simple nature on the right wrist joint, but his left leg had to b









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