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2013 Supreme(Guj) 54

BHASKAR BHATTACHARYA
SHANKARBHAI MOTIBHAI PRAJAPATI – Appellant
Versus
ISHWARBHAI GANGARAMBHAI – Respondent


Advocates Appeared:
MS. AMRITA AJMERA, ADVOCATE for the Appellants.
MR. AJAY R MEHTA, ADVOCATE for the respondent No. 3
MR. M.D. RANA, ADVOCATE for the respondent No. 4
RULE SERVED for the respondents No. 1 - 2

JUDGEMNT

1. This appeal is at the instance of the claimants in a proceeding under section 166 of the Motor Vehicles Act and is directed against an award dated 15th January 2007 passed by the Chairman, Motor Accident Claims Tribunal [Main], Bhavnagar in MACP No. 1069 of 1997 thereby partly allowing the application for compensation and awarding a sum of Rs.1,03,000/- as compensation.

2. It appears that the claimants, parents of the victim aged 12 years, filed the aforesaid application for compensation of Rs.2,00,000/- under the following circumstances:

2.1 The accident occurred on 5th August 1997 at about 1.45 PM on the Kumbhar-para road near Bhalgamda Gate, Limdi. The deceased, Jignesh, was playing cricket and during the play, the ball went on the cabin of truck no. GRT 5923 which was lying stationary on the side of the road below the electric line laid by Paschim Gujarat Vij Company Limited [the Electricity Company, hereafter]. Jignesh climbed upon the stationary truck for picking up the ball and while throwing the ball, he touched the electric wire passing above the truck; as a result, he sustained burn injuries all over the body and died after 7 days in the hospital. According to th





























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